43844 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 171, 172, 173, 175, 176, 

178, and 180 

[Docket No. PHMSA–2019–0030 (HM–215P)] 

RIN 2137–AF46 

Hazardous Materials: Harmonization 

With International Standards 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Department of Transportation 

(DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: PHMSA proposes to amend 

the Hazardous Materials Regulations to 

maintain alignment with international 

regulations and standards by adopting 

various amendments, including changes 

to proper shipping names, hazard 

classes, packing groups, special 

provisions, packaging authorizations, air 

transport quantity limitations, and 

vessel stowage requirements. 

Additionally, PHMSA proposes an 

amendment to the Hazardous Materials 

Regulations that would allow for better 

alignment with Transport Canada’s 

Transportation of Dangerous Goods 

Regulations. 

DATES: Comments must be received by 

October 12, 2021. To the extent 

possible, PHMSA will consider latefiled comments while a final rule is 

developed. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management System; 

U.S. Department of Transportation, 

Docket Operations, M–30, Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001 between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

Instructions: Include the agency name 

and docket number PHMSA–2019–0030 

(HM–215P) or RIN 2137–AF46 for this 

rulemaking at the beginning of your 

comment. Note that all comments 

received will be posted without change 

to http://www.regulations.gov including 

any personal information provided. If 

sent by mail, comments must be 

submitted in duplicate. Persons wishing 

to receive confirmation of receipt of 

their comments must include a selfaddressed stamped postcard. 

Docket: For access to the dockets to 

read background documents (including 

the Preliminary Regulatory Impact 

Analysis (PRIA)) or comments received, 

go to http://www.regulations.gov or 

DOT’s Docket Operations Office (see 

ADDRESSES). 

Confidential Business Information: 

Confidential Business Information (CBI) 

is commercial or financial information 

that is both customarily and actually 

treated as private by its owner. Under 

the Freedom of Information Act (FOIA; 

5 U.S.C. 552), CBI is exempt from public 

disclosure. If your comments responsive 

to this NPRM contain commercial or 

financial information that is customarily 

treated as private, that you actually treat 

as private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ Submissions containing 

CBI should be sent to Candace Casey, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001. Any commentary that 

PHMSA receives which is not 

specifically designated as CBI will be 

placed in the public docket for this 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: 

Candace Casey, Standards and 

Rulemaking, or Aaron Wiener, 

International Program, at (202) 366– 

8553, Pipeline and Hazardous Materials 

Safety Administration, U.S. Department 

of Transportation, 1200 New Jersey 

Avenue SE, East Building, 2nd Floor, 

Washington, DC 20590–0001. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Executive Summary 

II. Background 

III. Incorporation by Reference Discussion 

Under 1 CFR part 51 

IV. Amendments Not Being Considered for 

Adoption in this NPRM 

V. Section-by-Section Review of NPRM 

Proposals 

VI. Regulatory Analyses and Notices 

A. Statutory/Legal Authority for This 

Rulemaking 

B. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

C. Executive Order 13132 

D. Executive Order 13175 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Policies and 

Procedures 

F. Paperwork Reduction Act 

G. Regulation Identifier Number (RIN) 

H. Unfunded Mandates Reform Act of 1995 

I. Environment Assessment 

J. Privacy Act 

K. Executive Order 13609 and International 

Trade Analysis 

L. National Technology Transfer and 

Advancement Act 

List of Subjects 

I. Executive Summary 

As discussed in further detail later in 

this NPRM (see the Section-By-Section 

Review of NPRM Proposals), the 

Pipeline and Hazardous Materials Safety 

Administration (PHMSA) proposes to 

amend certain sections of the Hazardous 

Materials Regulations (HMR; 49 CFR 

parts 171 to 180) to maintain alignment 

with international regulations and 

standards by adopting various 

amendments, including changes to 

proper shipping names, hazard classes, 

packing groups, special provisions, 

packaging authorizations, air transport 

quantity limitations, and vessel stowage 

requirements. 

PHMSA expects adoption of the 

regulatory amendments proposed in this 

NPRM will maintain the high safety 

standard currently achieved under the 

HMR, facilitate the safe transportation of 

critical vaccines and other medical 

materials associated with response to 

the coronavirus disease 2019 (COVID– 

19) public health emergency, and align 

HMR requirements with anticipated 

increases in the volume of lithium 

batteries transported in interstate 

commerce from electrification of the 

transportation and other economic 

sectors. PHMSA also notes that because 

harmonization of the HMR with 

international consensus standards as 

proposed could reduce delays and 

interruptions of hazardous materials 

during transportation, the proposed 

NPRM amendments may also lower 

greenhouse gas (GHG) emissions and 

safety risks to minority, low-income, 

underserved, and other disadvantaged 

populations and communities in the 

vicinity of interim storage sites and 

transportation arteries and hubs. 

The following list summarizes the 

more noteworthy proposals set forth in 

this NPRM: 

• Incorporation by Reference: 

PHMSA proposes to incorporate by 

reference updated versions of the 

following international hazardous 

materials regulations and standards: the 

2021–2022 Edition of the International 

Civil Aviation Organization Technical 

Instructions for the Safe Transport of 

Dangerous Goods by Air (ICAO 

Technical Instructions); Amendment 

40–20 to the International Maritime 

Dangerous Goods Code (IMDG Code); 

the 21st revised edition of the United 

Nations Recommendations on the 


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Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules 43845 

Transport of Dangerous Goods—Model 

Regulations (UN Model Regulations); 

and the International Atomic Energy 

Agency (IAEA) ‘‘Specific Safety 

Requirements Number SSR–6: 

Regulations for the Safe Transport of 

Radioactive Material 2018 Edition’’ 

(SSR–6, Ref. 1). PHMSA also proposes 

the incorporation by reference of several 

new or updated International 

Organization for Standardization (ISO) 

standards as well as an updated version 

of the Organization for Economic 

Cooperation and Development (OECD) 

Guidelines for the Testing of Chemicals 

Test No. 431: In vitro skin corrosion: 

reconstructed human epidermis (RHE) 

test method. 

• Transport Canada temporary 

certificates: PHMSA proposes 

amendments to the HMR that would 

authorize the motor carrier or rail 

transportation of a hazardous material 

within the United States pursuant to a 

temporary certificate issued under 

Transport Canada’s Transportation of 

Dangerous Goods Regulations (TDG 

Regulations). 

• Hazardous Materials Table: 

PHMSA proposes amendments to the 

Hazardous Materials Table (HMT; 49 

CFR 172.101) to add, revise or remove 

certain proper shipping names, hazard 

classes, packing groups, special 

provisions, packaging authorizations, 

bulk packaging requirements, and 

passenger and cargo aircraft maximum 

quantity limits. 

• Data loggers: PHMSA proposes 

exception from certain regulations for 

lithium batteries in equipment that are 

attached to or contained in packagings, 

large packagings, intermediate bulk 

containers (IBCs), or cargo transport 

units as equipment in use or intended 

for use during transport, such as data 

loggers. This would clarify regulations 

applicable to data loggers and cargo 

tracking devices powered by lithium 

batteries that are attached to or 

contained in, and in use or intended for 

use during transport. Additionally, in 

response to the COVID–19 public health 

emergency, and consistent with 

revisions to the 2021–2022 ICAO 

Technical Instructions, PHMSA 

proposes exceptions specific to the air 

transportation of these items used in 

association with shipments of COVID– 

19 pharmaceuticals, including vaccines. 

• Removal of metal wall thickness 

requirements for certain metal IBCs: 

PHMSA proposes to remove the 

minimum wall thickness requirements 

for metal IBCs that have a capacity of 

1500 liters (L) or less. 

• Stabilized fish meal or fish scrap by 

air: PHMSA proposes to permit the 

transport of stabilized fish meal or fish 

scrap (UN2216) on passenger and cargo 

aircraft. Currently, when transported as 

a Class 9 material, stabilized fish meal 

or fish scrap is only authorized for 

transportation by vessel. As a part of 

this proposal, PHMSA is also expanding 

the applicability of the stabilization 

requirements currently in place for 

shipments of these materials by vessel. 

• UN3549 Category A Medical 

Wastes: PHMSA proposes to create a 

new entry in the HMT for ‘‘UN3549, 

Medical Waste, Category A, Affecting 

Humans, solid or Medical Waste, 

Category A, Affecting Animals only, 

solid.’’ This entry provides an 

additional shipping description for solid 

materials meeting the Category A 

classification criteria that are not 

appropriate for classification in existing 

entries/classes ‘‘UN2814, Infectious 

substance, affecting humans’’ or 

‘‘UN2900, Infectious substance, 

affecting animals only.’’ Solid medical 

waste containing Category A infectious 

substances generated from the medical 

treatment of humans or veterinary 

treatment of animals (e.g., disposable 

personal protective equipment) may be 

assigned to UN3549. Although PHMSA 

is not adopting certain packaging 

provisions adopted in the UN Model 

Regulations, it proposes assigning 

Special Provision 131, which directs 

shippers to request a special permit 

prior to transportation, to UN3549. 

Additionally, PHMSA proposes 

amending certain parts of § 173.134, 

which provides definitions and 

exceptions for Class 6, Division 6.2 

hazardous materials, to include 

references to this new UN number and 

proper shipping name. 

• Additional packagings for 

‘‘UN2211, Polymeric beads, expandable, 

evolving flammable vapor’’ and 

‘‘UN3314, Plastic molding compound in 

dough, sheet or extruded rope form 

evolving flammable vapor’’: PHMSA 

proposes to expand the authorized 

packagings for polymeric beads and 

plastic molding compound to include 

combination packagings rather than 

limiting packaging options to single 

packagings. 

• Miscellaneous revisions of 

requirements pertaining to the 

transportation of lithium batteries: 

PHMSA proposes a number of revisions 

to HMR requirements, including, but 

not limited to, minimum size markings 

and modification of stowage 

requirements for lithium batteries 

including those offered as damaged/ 

defective or for disposal/recycling. 

PHMSA expects the revisions will 

contribute to the safe transportation of 

increased volumes of lithium batteries 

anticipated as a result of the increased 

use of that technology in the 

transportation and other economic 

sectors. 

• Definition of SADT (Selfaccelerating decomposition 

temperature) and SAPT (Selfaccelerating polymerizing temperature): 

PHMSA proposes to amend the 

definitions of SADT and SAPT to clarify 

that the lowest temperature at which the 

these may occur can take place in a 

packaging, IBC or portable tank. 

• Periodic inspection for chemicals 

under pressure: PHMSA proposes to 

extend the periodic inspection, from 

five to ten years, for cylinders that are 

filled with hazardous materials 

described as ‘‘UN3500, Chemicals under 

pressure, n.o.s.’’ that are also used as 

fire extinguishing agents. 

• Technical name requirements for 

marine pollutants: PHMSA proposes to 

amend provisions pertaining to the 

addition of technical names to the 

shipping description when transporting 

hazardous materials that contain marine 

pollutants. These amendments aim to 

provide flexibility with regard to 

documentation and marking 

requirements, which currently require 

identifying the technical names of 

marine pollutant components in those 

materials. Additionally, PHMSA 

proposes to amend §§ 172.203(l) and 

172.322 to limit the applicability of 

requirements for specific marine 

pollutant constituents for generic entries 

(indicated by the letter ‘‘G’’ in column 

1 of the Hazardous Materials Table) and 

those containing ‘‘n.o.s.’’ as part of the 

proper shipping names. 

• Stability tests for nitrocellulose: 

PHMSA proposes to add stability testing 

requirements for nitrocellulose, to 

require that these materials meet the 

criteria of the Bergmann-Junk test or 

methyl violet paper test in the UN 

Manual of Tests and Criteria, Appendix 

10. 

Some of the proposed amendments 

represent improvements in safety (e.g., 

nitrocellulose stability testing, 

additional closures for packagings 

intended for pyrophoric materials, on 

deck stowage requirements for lithium 

batteries transported by vessel, etc.). All 

the proposed amendments are expected 

to maintain the HMR’s high safety 

standard for the public and the 

environment. Additionally, PHMSA 

anticipates that there are safety benefits 

to be derived from improved 

compliance related to consistency 

amongst domestic and international 

regulations. PHMSA solicits comment 

on the amendments proposed in this 

NPRM pertaining to: need, benefits and 

costs of the proposed HMR revisions; 

impact on safety and the environment; 


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43846 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules 

1 55 FR 52401 (Dec. 21, 1990). 

2Amendment 40–20 to the IMDG Code may be 

voluntarily complied with as of January 1, 2021; 

however, Amendment 39–18 will remain effective 

through May 31, 2022. 

3PHMSA, Notice of Enforcement Policy 

Regarding International Standards (Oct. 1, 2020), 

https://www.phmsa.dot.gov/sites/phmsa.dot.gov/ 

files/2020-10/Notice%20of%20

Enforcement%20Policy%20Regarding

%20International%20Standards%

20Oct%201%202020.pdf. PHMSA expects that it 

may withdraw this enforcement discretion should 

the HMR amendments proposed here be adopted in 

a final rule. 

4 86 FR 7019 (Jan. 20, 2021). 

5 86 FR 7229 (Jan. 21, 2021). 

impact on environmental justice and 

equity; and any other relevant 

information. In addition, PHMSA 

solicits comment regarding approaches 

to reducing the costs of this rule while 

maintaining or increasing safety 

benefits. As further explained in the 

PRIA, PHMSA expects that the aggregate 

benefits of the amendments proposed in 

this NPRM justify their aggregate costs. 

Nonetheless, PHMSA solicits comment 

on specific changes (e.g., greater 

flexibility with regard to a particular 

proposal) that might improve the rule. 

II. Background 

The Federal hazardous materials 

transportation law (49 U.S.C. 5101 et 

seq.) directs PHMSA to participate in 

relevant international standard-setting 

bodies and encourages alignment of the 

HMR with international transport 

standards as consistent with promotion 

of safety and the public interest. See 49 

U.S.C. 5120. This statutory mandate 

reflects the importance of international 

standard-setting activity in light of the 

globalization of commercial 

transportation of hazardous materials. 

Harmonization of the HMR with those 

efforts can reduce the costs and other 

burdens of complying with multiple or 

inconsistent safety requirements 

between nations. Consistency between 

the HMR and current international 

standards can also enhance safety by (1) 

ensuring that the HMR is informed by 

the latest best practices and lessons 

learned; (2) improving understanding of 

and compliance with pertinent 

requirements; (3) facilitating the smooth 

flow of hazardous materials from their 

points of origin to their points of 

destination, thereby avoiding risks to 

the public and the environment from 

release of hazardous materials from 

delays or interruptions in the 

transportation of those materials; and (4) 

enabling consistent emergency response 

procedures in the event of a hazardous 

materials incident. 

PHMSA participates in the 

development of international 

regulations and standards for the 

transportation of hazardous materials. It 

also adopts within the HMR 

international standards consistent with 

PHMSA’s safety mission. PHMSA 

reviews and evaluates each 

international standard it considers for 

incorporation within the HMR on its 

own merits, to include the effects on 

transportation safety, the environmental 

impacts, and any economic impact. 

PHMSA’s goal is to harmonize with 

international standards without 

diminishing the level of safety currently 

provided by the HMR or imposing 

undue burdens on the regulated 

community. 

In a final rule published December 21, 

1990,1 PHMSA’s predecessor, the 

Research and Special Programs 

Administration (RSPA), 

comprehensively revised the HMR for 

greater consistency with the UN Model 

Regulations. The UN Model Regulations 

constitute a set of recommendations 

issued by the United Nations SubCommittee of Experts (UNSCOE) on the 

Transport of Dangerous Goods and on 

the Globally Harmonized System of 

Classification and Labelling of 

Chemicals (GHS). The UN Model 

Regulations are amended and updated 

biennially by the UNSCOE and serve as 

the basis for national, regional, and 

international modal regulations, 

including the ICAO Technical 

Instructions and IMDG Code. 

PHMSA has evaluated recent updates 

to the international standards, and 

proposes to revise the HMR to adopt 

changes consistent with revisions to the 

2021–2022 Edition of the ICAO 

Technical Instructions, Amendment 40– 

20 to the IMDG Code,2 and the 21st 

revised edition of the UN Model 

Regulations, all of which were 

published by or in effect on January 1, 

2021. PHMSA issued an enforcement 

discretion on October 1, 2020, stating 

that while PHMSA is considering the 

2021–2022 Edition of the ICAO 

Technical Instructions and amendment 

40–20 of the IMDG Code for potential 

adoption into the HMR, PHMSA and 

other Federal agencies that enforce the 

HMR (the Federal Railroad 

Administration, the Federal Aviation 

Administration (FAA), the Federal 

Motor Carrier Safety Administration, 

and the United States Coast Guard) will 

not take enforcement action against any 

offeror or carrier who uses these 

standards as an alternative to complying 

with current HMR requirements when 

all or part of the transportation is by air 

with respect to the ICAO Technical 

Instructions, or by vessel with respect to 

the IMDG Code. In addition, PHMSA 

and its partners will not take 

enforcement action against any offeror 

or carrier who offers or accepts for 

domestic or international transportation 

by any mode packages marked or 

labeled in accordance with these 

standards. This notice remains in effect 

until withdrawn or otherwise 

modified.3 Additionally, in response to 

the ongoing global COVID–19 public 

health emergency, on December 31, 

2020 and February 23, 2021, ICAO 

published addenda to the 2021–2022 

Edition of the ICAO Technical 

Instructions to provide additional 

provisions and exceptions to reduce 

regulatory compliance burdens for the 

transport of certain hazardous materials, 

such as alcohols and aerosols used for 

hygienic purposes, by air. PHMSA 

proposes to include those changes to 

international standards in this NPRM. 

Finally, PHMSA proposes to incorporate 

by reference these new international 

regulations and standards as well as 

new requirements from the IAEA, 

‘‘Specific Safety Requirements Number 

SSR–6: Regulations for the Safe 

Transport of Radioactive Material 2018 

Edition’’ (SSR–6, Ref. 1); several new or 

updated ISO standards; and an updated 

version of the OECD Guidelines for the 

Testing of Chemicals Test No. 431: In 

vitro skin corrosion: reconstructed 

human epidermis (RHE) test method. 

The standards incorporated by reference 

are authorized for use for domestic 

transportation, under specific 

conditions, by part 171, subpart C of the 

HMR. 

Contemporaneously with PHMSA’s 

development of the NPRM, the 

President has issued a series of 

Executive Orders coordinating Federal 

response to the COVID–19 public health 

emergency, a handful of those are 

pertinent to this NPRM. Specifically, 

section 2 of Executive Order 13987 

(‘‘Organizing and Mobilizing the United 

States Government to Provide a Unified 

and Effective Response to Combat 

COVID–19 and To Provide United States 

Leadership on Global Health and 

Security’’) 4 contemplates broad-based 

action across the Federal Government to 

‘‘produce, supply, and distribute 

personal protective equipment, 

vaccines, tests, and other supplies for 

the Nation’s COVID–19 response.’’ 

Similarly, Executive Order 14002 

(‘‘Economic Relief Related to COVID–19 

Pandemic’’) 5 directs Federal agencies 

like PHMSA to respond to the economic 

harm caused by the COVID–19 public 

health emergency by promptly 

identifying actions they can take within 

existing authorities to provide economic 

relief to affected persons and 


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Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules 43847 

6See, e.g., White House, ‘‘Fact Sheet: President 

Biden Sets 2030 Greenhouse Gas Pollution 

Reduction Target Aimed at Creating Good-Paying 

Union Jobs and Securing U.S. Leadership on Clean 

Energy Technologies’’ (Apr. 21, 2021), https://

www.whitehouse.gov/briefing-room/statementsreleases/2021/04/22/fact-sheet-president-bidensets-2030-greenhouse-gas-pollution-reductiontarget-aimed-at-creating-good-paying-union-jobsand-securing-u-s-leadership-on-clean-energytechnologies/. 7 84 FR 8006 (Mar. 6, 2019). 

businesses. Lastly, the President has 

announced ambitious reductions in 

national GHG emissions to combat 

climate, change, identifying 

electrification of the transportation and 

other economic sectors—to include 

enabling more widespread use of 

electric storage technologies (such as 

lithium batteries) — as a critical element 

of that effort.6

III. Incorporation by Reference 

Discussion Under 1 CFR Part 51 

According to the Office of 

Management and Budget (OMB), 

Circular A–119, ‘‘Federal Participation 

in the Development and Use of 

Voluntary Consensus Standards and in 

Conformity Assessment Activities,’’ 

government agencies must use 

voluntary consensus standards 

wherever practical in the development 

of regulations. 

PHMSA currently incorporates by 

reference into the HMR all or parts of 

several standards and specifications 

developed and published by standard 

development organizations (SDO). In 

general, SDOs update and revise their 

published standards every 2 to 5 years 

to reflect modern technology and best 

technical practices. The National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA; Pub. L. 104–113) 

directs Federal agencies to use 

standards developed by voluntary 

consensus standards bodies in lieu of 

government-written standards whenever 

possible. Voluntary consensus standards 

bodies develop, establish, or coordinate 

technical standards using agreed-upon 

procedures. OMB issued Circular A–119 

to implement section 12(d) of the 

NTTAA relative to the utilization of 

consensus technical standards by 

Federal agencies. This circular provides 

guidance for agencies participating in 

voluntary consensus standards bodies 

and describes procedures for satisfying 

the reporting requirements in the 

NTTAA. Accordingly, PHMSA is 

responsible for determining which 

currently referenced standards should 

be updated, revised, or removed, and 

which standards should be added to the 

HMR. Revisions to materials 

incorporated by reference in the HMR 

are handled via the rulemaking process, 

which allows for the public and 

regulated entities to provide input. 

During the rulemaking process, PHMSA 

must also obtain approval from the 

Office of the Federal Register to 

incorporate by reference any new 

materials. The Office of the Federal 

Register issued a rulemaking on 

November 7, 2014 that revised 1 CFR 

51.5 to require that agencies detail in 

the preamble of an NPRM the ways the 

materials it proposes to incorporate by 

reference are reasonably available to 

interested parties, or how the agency 

worked to make those materials 

reasonably available to interested 

parties. 

The UN Model Regulations, the UN 

Manual of Tests and Criteria, the IAEA 

Regulations for the Safe Transport of 

Radioactive Material, and the OECD 

Guidelines for the Testing of Chemicals 

Test No. 431: In vitro skin corrosion: 

reconstructed human epidermis (RHE) 

test method are free and easily 

accessible to the public on the internet, 

with access provided through the parent 

organization websites. The ICAO 

Technical Instructions, IMDG Code, and 

all ISO standard references are available 

for interested parties to purchase in 

either print or electronic versions 

through the parent organization 

websites. The price charged for those 

not freely available helps to cover the 

cost of developing, maintaining, hosting 

and accessing these standards. The 

specific standards are discussed in 

greater detail in Section V. 

IV. Amendments Not Being Considered 

for Adoption in this NPRM 

As documented below, PHMSA has 

determined that certain elements of 

updated international regulations and 

standards that are the subject of this 

rulemaking should not be adopted into 

the HMR because the structure of the 

HMR is such that it makes adoption 

unnecessary, or PHMSA has deemed it 

is a safer approach to authorize certain 

transport requirements through a special 

permit rather than adopting into the 

HMR. Use of a special permit allows for 

greater oversight and development of 

transport history and data prior to 

determining adoption within the HMR. 

The following is a list of elements of 

updated international standards that 

PHMSA is not considering for adoption 

in this NPRM, and the rationale for that 

decision: 

• Issue #1: As discussed previously, 

PHMSA proposes to add a new HMT 

entry for ‘‘UN3549 Medical Waste, 

Category A, Affecting Humans, solid or 

Medical Waste, Category A, Affecting 

Animals only, solid’’ for consistency 

with updates to the Dangerous Goods 

Lists of the ICAO Technical Instructions 

(Dangerous Goods List) and the UN 

Model Regulations. However, PHMSA is 

not proposing to revise the HMR/HMT 

to incorporate the corresponding 

packaging instructions for these 

materials. Instead, PHMSA plans to 

continue to approve the packaging and 

transport of these materials through a 

special permit. Maintaining approval of 

these shipments under a special permit 

allows for oversight of the grantees in 

that PHMSA can conduct a fitness 

evaluation prior to granting a special 

permit and data on the number of 

shipments made under a special permit 

are provided to PHMSA. 

• Issue #2: In the 2021–2022 Edition 

of the ICAO Technical Instructions, 

Special Provision A201 was revised to 

provide provisions for transport of 

lithium batteries on a passenger aircraft 

with the prior approval of the State of 

Origin and the operator, provided the 

batteries were intended for urgent 

medical need. PHMSA is not proposing 

to make a corresponding amendment to 

the HMR because PHMSA added 

§ 173.185(g) in an interim final rule 

(HM–224I) published on March 6, 

2019 7 in response to a statutory 

mandate in the FAA Reauthorization 

Act of 2018. Pub. L. 115–254 (Oct. 5, 

2018). That HMR amendment provided 

limited exceptions from HMR 

prohibitions permitting air 

transportation of medical device 

batteries with the approval of the 

Associate Administrator. A final rule 

covering the issues adopted on an 

interim basis in HM–224I is currently 

under development. 

• Issue #3: The 21st revised edition of 

the UN Model Regulations, the 2021– 

2022 edition of the ICAO Technical 

Instructions, and Amendment 40–20 to 

the IMDG Code amended various 

radioactive transportation requirements 

to harmonize with the IAEA Regulations 

for the Safe Transport of Radioactive 

Material, No. SSR–6. While PHMSA 

proposes to incorporate by reference 

Regulations for the Safe Transport of 

Radioactive Material, No. SSR–6, 

PHMSA is not proposing to harmonize 

the HMR with the remainder of the 

changes made by the various 

international regulations (i.e., ICAO 

Technical Instructions, UN Model 

Regulations, IMDG Code) regarding 

radioactive materials requirements. 

PHMSA plans to address domestic 

radioactive harmonization issues in a 

future rulemaking (HM–250A, under 

RIN137–AF42) in coordination with the 

Nuclear Regulatory Commission. 

• Issue #4: The 21st revised edition of 

the UN Model Regulations contains an 


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43848 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules 

8All other standards that are set out as part of the 

regulatory text of § 171.7(w) were previously 

approved for incorporation by reference and no 

changes are proposed. 

amendment to general requirements 

permitting the use of the proper 

shipping name ‘‘Articles containing 

dangerous goods, n.o.s.’’ Specifically, 

this amendment authorizes the use of 

this entry for articles containing 

explosives if the article is excluded from 

Class 1 (explosives) by meeting certain 

exclusion criteria identified in section 

2.1.3.6.4 of the UN Model Regulations. 

However, PHMSA is not proposing a 

corresponding amendment to § 173.232 

because PHMSA does not permit 

shippers to self-exclude a potential 

explosive (i.e., an article) from Class 1. 

Rather, § 173.56 of the HMR requires 

shippers to submit explosives to 

PHMSA-approved explosives test labs, 

which perform evaluations to determine 

whether the explosive meets the 

exclusion criteria and then recommend 

a classification to PHMSA for explosives 

submitted to them for review. If an 

article is excluded from Class 1, a 

document would be issued by PHMSA 

that indicates it is not an explosive, but 

must be classified based on any other 

hazard presented by the article. In this 

case, the shipper would be required to 

pick the most appropriate proper 

shipping name, which could include the 

appropriate ‘‘Articles, n.o.s.’’ entry. 

• Issue #5: The 21st revised edition of 

the UN Model Regulations contains 

amendments to Packing Instruction 

P801, applicable to used batteries 

assigned the following UN numbers: 

‘‘UN2794, Batteries, wet, filled with 

acid, electric storage’’; ‘‘UN2795, 

Batteries, wet, filled with alkali, electric 

storage’’; and ‘‘UN3028, Batteries, dry, 

containing potassium hydroxide solid, 

electric storage.’’ These amendments 

were adopted to correct issues 

pertaining to requirements unique to the 

UN Model Regulations for the use of 

stainless steel boxes and plastic bins as 

packaging for those used batteries. In 

contrast, the HMR does not specify such 

packagings for used UN2794/2795/3028 

batteries, nor does this NPRM propose 

to amend the HMR to authorize such 

packaging. Existing HMR packaging 

requirements in § 173.159 for such 

batteries are adequately protective. The 

HMR allows used batteries that are not 

damaged or leaking to be offered for 

transportation in accordance with the 

general packaging requirements in 

§ 173.159(a)–(e) or paragraph (k) for 

damaged batteries. Because of the 

combination of general packaging 

requirements in 49 CFR part 173, 

subpart B, and the battery specific 

packaging requirements in § 173.159, 

PHMSA does not believe there is a 

safety justification to limit 

transportation of used batteries to those 

packaged in accordance with the new 

UN packing instruction requirements in 

P801 or to add these stainless steel 

boxes or plastic bins to the current 

packaging authorizations in the HMR. 

V. Section-By-Section Review of NPRM 

Proposals 

The following is a section-by-section 

review of the amendments proposed in 

this NPRM. 

A. Part 171 

Section 171.7 

Section 171.7 provides a listing of all 

voluntary consensus standards 

incorporated by reference into the HMR, 

as directed by the NTTAA. For this 

rulemaking, PHMSA evaluated updated 

international consensus standards 

pertaining to proper shipping names, 

hazard classes, packing groups, special 

provisions, packaging authorizations, air 

transport quantity limitations, and 

vessel stowage requirements. PHMSA 

contributed to the development of those 

standards—each of which build on the 

well-established and documented safety 

histories of earlier editions — as it 

participated in the discussions and 

working group activities associated with 

their proposal, revision, and approval. 

Those activities in turn have informed 

PHMSA’s evaluation of the effect those 

updated consensus standards would 

have on safety when incorporated by 

reference and provisions adopted into 

the HMR. Further, PHMSA notes that 

some of the consensus standards 

proposed for incorporation by reference 

within the HMR in this rulemaking have 

already been adopted into the regulatory 

schemes of other countries; note again 

that PHMSA itself has issued an 

enforcement discretion authorizing their 

use as an interim strategy for complying 

with current HMR requirements. 

PHMSA is not aware of adverse safety 

impacts from that operational 

experience. For these reasons, PHMSA 

expects their adoption will maintain the 

high safety standard currently achieved 

under the HMR. Therefore, PHMSA 

proposes to add or revise the following 

incorporation by reference materials: 8

• In paragraph (s)(1), incorporate by 

reference the 2018 edition of the IAEA 

Regulations for the Safe Transport of 

Radioactive Material, Safety Standards 

Series No. SSR–6 (Rev.1), to replace the 

2012 edition, which is currently 

referenced in §§ 171.22; 171.23; 171.26; 

173.415; 173.416; 173.417; 173.435; and 

173.473. The IAEA regulations establish 

standards of safety for control of the 

radiation, criticality, and thermal 

hazards to people, property, and the 

environment that are associated with 

the transport of radioactive materials. 

Notable changes from the previous 

edition include clarification of marking 

requirements, a new group of surface 

contaminated objects SCO–III for 

UN2914, and amendments to basic 

radionuclide values (activity of the 

radionuclide as listed in § 173.435) for 

seven specific radionuclides (Ba-135m, 

Ge-69, Ir-193m, Ni-57, Sr-83, Tb-149 

and Tb-161). The Regulations for the 

Safe Transport of Radioactive Material 

are available for download and purchase 

in hard copy on the IAEA website at: 

https://www.iaea.org/publications/ 

12288/regulations-for-the-safetransport-of-radioactive-material. 

• In paragraph (t)(1), incorporate by 

reference the 2021–2022 edition of the 

ICAO Technical Instructions, to replace 

the 2019–2020 Edition, which is 

currently referenced in §§ 171.8; 171.22; 

171.23; 171.24; 172.101; 172.202; 

172.401; 172.407; 172.512; 172.519; 

172.602; 173.56; 173.320; 175.10, 

175.33; and 178.3. The ICAO Technical 

Instructions specify detailed 

instructions for the safe international 

transport of dangerous goods by air. The 

requirements in the 2021–2022 edition 

have been amended to align better with 

the 21st revised edition of the United 

Nations Recommendations on the 

Transport of Dangerous Goods and the 

IAEA Regulations for the Safe Transport 

of Radioactive Material. Notable 

changes in the 2021–2022 edition of the 

ICAO Technical Instructions include 

new packing and stowage provisions, 

new and revised entries on the 

Dangerous Goods List, and editorial 

corrections. The 2021–2022 edition of 

the ICAO Technical Instructions are 

available for purchase on the ICAO 

website at https://store.icao.int/en/ 

shop-by-areas/safety/dangerous-goods. 

• In paragraph (v)(2), incorporate by 

reference the 2020 edition of the IMDG 

Code, Incorporating Amendment 40–20 

(English Edition), to replace 

Incorporating Amendment 39–18, 2018 

Edition, which is currently referenced 

in §§ 171.22; 171.23; 171.25; 172.101; 

172.202; 172.203 172.401; 172.407; 

172.502; 172.519; 172.602; 173.21; 

173.56; 176.2; 176.5; 176.11; 176.27; 

176.30; 176.83; 176.84; 176.140; 

176.720; 176.906; 178.3; and 178.274. 

The IMDG Code is a unified 

international code that outlines 

standards and requirements for the 

transport of dangerous goods by sea. 

Notable changes in Amendment 40–20 

include new packing and stowage 

provisions, new and revised entries on 


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the Dangerous Goods List, and editorial 

corrections. Distributors of the IMDG 

Code can be found on the International 

Maritime Organization (IMO) website at: 

https://www.imo.org/en/publications/ 

Pages/Distributors-default.aspx. 

• In paragraph (w), incorporate by 

reference or remove the following ISO 

documents to include new and updated 

standards for the specification, design, 

construction, testing, and use of gas 

cylinders: 

—ISO 10156:2017, ‘‘Gas cylinders— 

Gases and gas mixtures— 

Determination of fire potential and 

oxidizing ability for the selection of 

cylinder valve outlets’’ in paragraph 

(w)(38) and referenced in § 173.115. 

ISO 10156 specifies methods for 

determining whether a gas or gas 

mixture is flammable in air and 

whether a gas or gas mixture is more 

or less oxidizing than air under 

atmospheric conditions. It is intended 

to be used for the classification of 

gases and gas mixtures including the 

selection of gas cylinder valve outlets. 

This amendment would remove ISO 

10156:2010, third edition, and the 

associated corrigendum (ISO 

10156:2010/Cor.1:2010(E)), from the 

HMR and add the revised ISO 

10156:2017(E), fourth edition, as the 

former documents have been 

withdrawn by ISO and replaced with 

updated 2017 versions. As part of the 

five-year periodic review of all 

standards, ISO reviewed ISO 

1056:2010 and published an updated 

version, ISO 10156:2017, which was 

published in September 2017 and 

adopted in the 21st revised edition of 

the UN Model Regulations. While 

many of the edits in this 2017 version 

were editorial changes made to suit 

the ISO publication rules, the 

standard has also been supplemented 

with a test method to determine the 

flammability limits of gases and gas 

mixtures in air and a calculation 

method to determine the lower 

flammability limit of a gas mixture. 

PHMSA expects that the latter change 

will enhance safety by providing 

improved instruction on 

determination of flammability of gases 

and gas mixtures which would aid in 

the proper selection of a valve. (see 

§ 173.115 of the Section-by-Section 

Review for additional discussion of 

this proposed change). 

—ISO 10297: 2014/Amd 1:2017, ‘‘Gas 

cylinders — Cylinder valves— 

Specification and type testing’’ in 

paragraph (w)(42) and referenced in 

§ 173.301b and § 178.71. ISO 

published this supplemental 

amendment to the 2014 version of this 

document (i.e., ISO 10297: 2014) to 

clarify valve requirements for tubes 

and pressure drums and to correct 

errors found in the 2014 version. 

PHMSA proposes to reference this 

amendment in §§ 173.301b and 

178.71, where use of ISO 10297:2014 

is required. PHMSA reviewed this 

document and determined that the 

amendments it adds would provide 

additional safety benefits for 

hazardous materials in transportation. 

—ISO 10462:2013, ‘‘Gas cylinders — 

Transportable cylinders for dissolved 

acetylene — Periodic inspection and 

maintenance.’’ PHMSA proposes to 

delete this second edition of ISO 

10462 currently in paragraph (w)(44) 

from the list of materials incorporated 

by reference. PHMSA requires the use 

of ISO 10462 for the requalification of 

a dissolved acetylene cylinder in 

§ 180.207. In final rule HM–215N,9

PHMSA incorporated by reference the 

updated third edition of ISO 10462; 

however, the rule included a sunset 

provision to allow continued use of 

this second edition until December 

31, 2018. Because this date has since 

passed, and the second edition is no 

longer authorized for use under 

§ 180.207, PHMSA proposes removing 

reference to this edition in § 171.7, as 

well as a making a conforming 

revision to remove the sunset 

provision in § 180.207. 

—ISO 11114–1:2012/Amd 1:2017(E), 

‘‘Gas cylinders—Compatibility of 

cylinder and valve materials with gas 

contents—Part 1: Metallic materials— 

Amendment 1,’’ in paragraph (w)(47), 

which PHMSA proposes to reference 

in § 172.102, § 173.301b, and § 178.71. 

This 2017 document supplements ISO 

11114–1:2012(E), which provides 

requirements for the selection of safe 

combinations of metallic cylinder and 

valve materials, and cylinder gas 

contents. As part of ISO’s regular fiveyear review of its standards, the 2012 

version of this document was 

amended through the issuance of this 

supplemental document, ISO 11114– 

1:2012/Amd 1:2017(E). This 2017 

document amends the 2012 version 

by providing more explicit 

instructions on the permissible 

concentrations of gases containing 

halogens in aluminum cylinders. It 

also provides amended requirements 

for butylene, hydrogen cyanide, 

hydrogen sulfide and nitric oxide. 

Consequently, the 21st revised edition 

of the UN Model Regulations updated 

all references to the 2012 edition to 

include a reference to the 

supplemental amendment (ISO 

11114–1:2012/Amd 1:2017(E)). 

PHMSA proposes to revise the HMR 

likewise, by amending Special 

Provision 379, § 173.301b and 

§ 178.71 where ISO 11114–1:2012(E) 

is permitted or required, to also 

require compatibility with ISO 

11114–1:2012/Amd 1:2017(E). 

—ISO 11119–1:2012(E), ‘‘Gas 

cylinders—Refillable composite gas 

cylinders and tubes—Design, 

construction and testing— Part 1: 

Hoop wrapped fibre reinforced 

composite gas cylinders and tubes up 

to 450 l’’, found in paragraph (w)(55). 

This document specifies requirements 

for composite gas cylinders and tubes 

between 0.5 L and 450 L water 

capacity, for the storage and 

conveyance of compressed or 

liquefied gases. ISO 11119–1:2012(E) 

is currently incorporated by reference 

in § 178.71; however, PHMSA is 

proposing to additionally incorporate 

by reference in § 178.75. 

—ISO 11119–2:2012(E), ‘‘Gas 

cylinders—Refillable composite gas 

cylinders and tubes—Design, 

construction and testing—Part 2: 

Fully wrapped fibre reinforced 

composite gas cylinders and tubes up 

to 450 l with load-sharing metal 

liners’’ found in paragraph (w)(57). 

ISO 11119–2:2012 specifies 

requirements for composite gas 

cylinders and tubes between 0.5 L and 

450 L water capacity, for the storage 

and conveyance of compressed or 

liquefied gases. ISO 11119–2:2012(E) 

is currently incorporated by reference 

in § 178.71; however, PHMSA is 

proposing to additionally incorporate 

by reference in § 178.75. 

—ISO 11119–2:2012/Amd.1:2014(E), 

Gas cylinders—Refillable composite 

gas cylinders and tubes—Design, 

construction and testing—Part 2: 

Fully wrapped fibre reinforced 

composite gas cylinders and tubes up 

to 450 l with load-sharing metal 

liners, Amendment 1, found in 

paragraph (w)(58). ISO 11119–2:2012/ 

Amd. 1:2014(E) is currently 

incorporated by reference in § 178.71; 

however, PHMSA is proposing to 

additionally incorporate by reference 

in § 178.75. This supplemental 

amendment was published to align 

the drop test originally provided in 

ISO 11119–2 with the drop test 

outlined in ISO 11119–3 ‘‘Gas 

cylinders of composite construction— 

Specification and test methods—Part 

3: Fully wrapped fibre reinforced 

composite gas cylinders with nonload-sharing metallic or non-metallic 

liners’’. 

—ISO 11119–3:2013(E), ‘‘Gas cylinders 

of composite construction— 


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10 1 Bar = 100 kPa = 14.504 psi. 

Specification and test methods—Part 

3: Fully wrapped fibre reinforced 

composite gas cylinders with nonload-sharing metallic or non-metallic 

liners’’ listed in paragraph (w)(60). 

This document is currently 

incorporated by reference in § 178.71; 

however, PHMSA is proposing to 

additionally incorporate by reference 

in § 178.75. ISO 11119–3:2013 

specifies requirements for composite 

gas cylinders up to 150 l water 

capacity and composite tubes above 

150 L water capacity and up to 450 L 

water capacity, for the storage and 

conveyance of compressed or 

liquefied gases. 

—ISO 11119–4:2016, ‘‘Gas cylinders— 

Refillable composite gas cylinders— 

Design, construction and testing—Part 

4: Fully wrapped fibre reinforced 

composite gas cylinders up to 150 L 

with load-sharing welded metallic 

liners,’’ in (w)(61), which PHMSA 

proposes to add a new reference to in 

§ 178.71 and 178.75. This standard 

provides requirements for composite 

gas cylinders with load-sharing 

welded liners between 0.5 L and 150 

L water capacity and a maximum test 

pressure of 450 bar 10 for the storage 

and conveyance of compressed or 

liquefied gases. PHMSA proposes 

requiring UN composite cylinders and 

tubes to conform to this standard in 

§ 178.71. See 178.71 of Section-bySection Review for additional 

discussion on this new incorporation 

by reference. 

—ISO 14246:2014/Amd 1:2017, ‘‘Gas 

cylinders—Cylinder valves— 

Manufacturing tests and 

examinations—Amendment 1,’’ in 

paragraph (w)(72). PHMSA proposes 

to add a reference to this document in 

§ 178.71. This one page amendment, 

published in 2017, is intended for use 

in conjunction with ISO 14246:2014, 

which specifies the procedures and 

acceptance criteria for manufacturing 

testing and examination of cylinder 

valves that have been manufactured to 

achieve type approval. This 2017 

document amends the 2014 version 

by updating the pressure test and 

leakproofness test specifically for 

acetylene valves. Consequently, the 

21st revised edition of the UN Model 

Regulations updated all references to 

the 2014 edition to include a 

reference to the supplemental 

amendment (ISO 14246/Amd 1:2017). 

Therefore, PHMSA proposes to do 

likewise by adding a reference to this 

supplement in § 178.71, where 

inspection and testing in accordance 

with ISO 14246:2014 are required. See 

178.71 of the Section-by-Section 

Review for additional discussion on 

this proposal. 

—ISO 17879:2017, ‘‘Gas cylinders— 

Self-closing cylinder valves— 

Specification and type testing,’’ in 

paragraph (w)(75). PHMSA proposes 

to add a reference to this standard in 

§ 173.301b and § 178.71. This 

standard provides the design, type 

testing, marking, and manufacturing 

tests and examinations requirements 

for self-closing cylinder valves 

intended to be fitted to refillable 

transportable gas cylinders used to 

transport compressed, liquefied or 

dissolved gases. 

—ISO 20475:2018, ‘‘Gas cylinders— 

Cylinder bundles—Periodic 

inspection and testing’’ in paragraph 

(w)(77). This standard provides the 

requirements for the periodic 

inspection and testing of cylinder 

bundles containing compressed, 

liquefied, and dissolved gas. PHMSA 

proposes to add a reference to this 

standard in § 180.207, which provides 

the requirements for requalification of 

UN pressure receptacles. 

All ISO standards are available for 

preview and purchase at: https:// 

www.iso.org/standards.html. 

• In paragraph (aa)(3), incorporate by 

reference the updated 2016 version of 

the OECD Guidelines for the Testing of 

Chemicals ‘‘Test No. 431: In vitro skin 

corrosion: reconstructed human 

Epidermis (RHE) test method.’’ PHMSA 

proposes to update the version of OECD 

Guidelines for the Testing of Chemicals 

Test No. 431 referenced in § 173.137, to 

maintain alignment with the UN Model 

Regulations. This document is used for 

the identification of corrosive chemical 

substances and mixtures. This updated 

edition includes in vitro methods 

allowing for better differentiation 

between hazard categories, which had 

not been possible under earlier editions 

due to the limited set of well-known in 

vivo corrosive sub-category chemicals 

against which to validate in vitro testing 

results. Therefore, this updated test 

protocol may provide clearer 

distinctions between severe and less 

severe skin corrosives. OECD test 

methods can be found in the OECD 

iLibrary available at https://www.oecdilibrary.org/. 

• In paragraph (dd), incorporate by 

reference United Nations standards 

including: 

—‘‘The Recommendations on the 

Transport of Dangerous Goods— 

Model Regulations,’’ 21st revised 

edition (2019), Volumes I and II, in 

paragraph (dd)(1), which are 

referenced in §§ 171.8; 171.12; 

172.202; 172.401; 172.407; 172.502; 

172.519; 173.22; 173.24; 173.24b; 

173.40; 173.56; 173.192; 173.302b; 

173.304b; 178.75; and 178.274. The 

Model Regulations provide framework 

provisions promoting uniform 

development of national and 

international regulations governing 

the transportation of hazardous 

materials by various modes of 

transport. At its ninth session on 

December 7, 2018, the UNSCOE on 

the Transport of Dangerous Goods and 

on the GHS adopted amendments to 

the UN Model Regulations 

concerning, inter alia, electric storage 

systems (including lithium batteries 

installed in cargo transport units and 

defective batteries), explosives, 

infectious waste of Category A, waste 

gas cartridges, harmonization with the 

2018 edition of IAEA’s Regulations for 

the Safe Transport of Radioactive 

Material, listing of dangerous goods, 

update of LC50 values for some toxic 

gases and use of in vitro skin 

corrosion methods for classification. 

The 21st revised edition of the UN 

Model Regulations is available online 

at: https://unece.org/rev-21-2019. 

—The Manual of Tests and Criteria, 7th 

revised edition (2019), in paragraph 

(dd)(2), which is referenced in 

§§ 171.24, 172.102; 173.21; 173.56; 

173.57; 173.58; 173.60; 173.115; 

173.124; 173.125; 173.127; 173.128; 

173.137; 173.185; 173.220; 173.221; 

173.224; 173.225; 173.232; part 173, 

appendix H; 175.10; 176.905; and 

178.274. The Manual of Tests and 

Criteria contains instruction for the 

classification of hazardous materials 

for purposes of transportation 

according to the UN Model 

Regulations. PHMSA proposes to 

replace the sixth revised edition 

(2015) and the sixth revised edition, 

Amendment 1 (2017) with the seventh 

revised edition. The amendments 

adopted in 2018 for the seventh 

revised edition include: A full review 

of the text of the Manual to facilitate 

its use in the context of the GHS; a 

new test under test series 8 to 

determine the sensitiveness of a 

candidate ammonium nitrate, 

emulsion or suspension, or gel, 

intermediate for blasting explosive, to 

the effect of intense localized thermal 

ignition under high confinement; new 

provisions addressing classification of 

polymerizing substances for transport; 

stability tests for nitrocellulose 

mixtures (new Appendix 10); and a 

compilation of classification results 

on industrial nitrocellulose in 

accordance with Chapter 2.17 of the 

GHS, which can be used for the 


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12See Transport Canada, ‘‘Approvals—Search by 

Certificate Number,’’ https://wwwapps.tc.gc.ca/SafSec-Sur/3/approvals-approbations/ 

SearchCertificates.aspx (last visited Apr. 16, 2021). 

classification of industrial 

nitrocellulose based products (new 

Appendix 11). Additionally, the 

Committee considered that the 

reference to the ‘‘Recommendations 

on the Transport of Dangerous Goods’’ 

in the title of the manual was no 

longer appropriate, and decided that 

the manual should be entitled 

‘‘Manual of Tests and Criteria.’’ 

Therefore, PHMSA proposes to amend 

the title of this document in the list 

of reference material in § 171.7 to 

reflect this change. The seventh 

revised edition of the ‘‘Manual of 

Tests and Criteria’’ can be accessed at: 

https://unece.org/rev7-files. 

—‘‘Globally Harmonized System of 

Classification and Labelling of 

Chemicals’’, eighth revised edition 

(2019) in paragraph (dd)(3), which is 

referenced in § 172.401. The GHS 

standard provides a basic scheme to 

identify the hazards of substances and 

mixtures and to communicate the 

hazards. At its ninth session on 

December 7, 2018, the Committee 

adopted a set of amendments to the 

seventh revised edition of the GHS 

which include, inter alia: new 

classification criteria, hazard 

communication elements, decision 

logics, and guidance for chemicals 

under pressure; new provisions for 

the use of in vitro/ex vivo data and 

non-test methods to assess skin 

corrosion and skin irritation; 

miscellaneous amendments to clarify 

the classification criteria for Specific 

Target Organ Toxicity; revised and 

further rationalized precautionary 

statements and an editorial revision of 

Sections 2 and 3 of Annex 3; new 

examples of precautionary pictograms 

to convey the precautionary statement 

‘‘Keep out of reach of children’’; a 

new example in Annex 7 addressing 

labelling of sets or kits; and guidance 

on the identification of dust explosion 

hazards and the need for risk 

assessment, prevention, mitigation, 

and hazard communication. The 

eighth revised edition of the GHS can 

be accessed at https://unece.org/ghsrev8-2019. 

—‘‘European Agreement concerning the 

International Carriage of Dangerous 

Goods by Road’’, in (dd)(4), which is 

referenced in § 171.23. The European 

Agreement concerning the 

International Carriage of Dangerous 

Goods by Road (ADR) outlines 

regulations concerning the 

international carriage of dangerous 

goods by road within the EU and 

other countries that are party to the 

agreement. This publication presents 

the European Agreement, the Protocol 

Signatures, the annexes, and the 

amendments. In addition to a new 

title, the 2020 edition of this 

document includes amendments 

necessary to ensure harmonization of 

ADR with the UN Model Regulations, 

additional amendments adopted by 

the Working Group on Tanks as well 

as amendments proposed by the 

Working Group on Standards. 

PHMSA proposes to remove 

references to the 2019 edition of the 

ADR, ECE/TRANS/257, and add 

references to volumes I and II of the 

2020 edition, ECE/TRANS/300. The 

ADR can be accessed at: https://

www.unece.org/trans/danger/publi/ 

adr/adr_e.html. 

Section 171.8 

Section 171.8 defines terms used 

throughout the HMR that have broad or 

multi-modal applicability. Currently, 

the definitions provided in § 171.8 for 

SADT, i.e., ‘‘self-accelerating 

decomposition temperature’’ and SAPT, 

i.e., ‘‘self-accelerating polymerization 

temperature’’ only spell out the 

abbreviations and direct users to 

§ 173.21—Forbidden materials and 

packages—for the actual defining 

criteria. PHMSA proposes to make 

editorial changes to improve the utility 

of the definitions of SADT and SAPT by 

providing a clear explanation of these 

terms in the context of packaging within 

the HMR. 

Section 171.12 

Paragraph (a) of § 171.12 prescribes 

requirements for the use of the TDG 

Regulations for hazardous materials 

transported from Canada to the United 

States, from the United States to 

Canada, or through the United States to 

Canada or a foreign destination. PHMSA 

proposes to amend § 171.12(a)(1) to 

authorize the use of a temporary 

certificate issued by Transport Canada 

for motor carrier or rail transportation of 

a hazardous material. 

In a 2017 rulemaking, HM–215N,11

PHMSA authorized hazardous materials 

to be offered for transportation or 

transported by motor carrier and rail in 

accordance with an equivalency 

certificate issued by Transport Canada, 

as an alternative to transportation of 

these items under the TDG Regulations 

as provided in § 171.22. The HMR 

amendment resulted from negotiations 

by the U.S.-Canada Regulatory 

Cooperation Council (RCC), a 

government-to-government forum 

established in 2011 by the President of 

the United States and the Canadian 

Prime Minister for PHMSA and 

Transport Canada, respectively, to 

identify and resolve (with input from 

stakeholders) impediments to crossborder transportation of hazardous 

materials. Among the initiatives agreed 

upon by PHMSA and Transport Canada 

within the RCC was modification of 

their respective regulations to ensure 

reciprocal recognition of special permits 

(PHMSA) and certificates (Transport 

Canada) specifying the terms and 

conditions authorizing deviations from 

their respective regulatory requirements 

governing transportation of hazardous 

materials. 

Subsequently, Transport Canada 

recognized PHMSA’s special permits, 

which are issued based on either being 

in the public interest or on the basis that 

the permit provides a demonstrable 

equivalent level of safety. See 

§ 107.105(d). In HM–215N, PHMSA 

revised the HMR to recognize 

equivalency certificates by Transport 

Canada on the basis of a finding of 

safety equivalence with the TDG 

Regulations. That rulemaking did not, 

however, reflect the fact that Transport 

Canada also issues temporary 

certificates authorizing deviation from 

the TDG Regulations on a finding that 

transportation of certain hazardous 

materials is in the public interest. 

Transport Canada issues temporary 

certificates after a technical review by 

its subject matter experts of an 

applicant’s supporting documentation 

demonstrating shipment of the 

hazardous material is in the public 

interest. Temporary certificates are of 

limited duration and specify terms and 

conditions—often extensive—to 

mitigate risks to public safety and the 

environment. Transport Canada posts 

all temporary certificates to its publiclyavailable website.12

PHMSA has evaluated Transport 

Canada’s practices in reviewing and 

issuing temporary certificates and 

expects that PHMSA’s recognition of 

those certificates for motor carrier or rail 

transportation of hazardous materials 

will not adversely affect safety. As noted 

above, Transport Canada issues those 

certificates only after a technical review 

is completed by its own subject matter 

experts to mitigate residual risks to 

public safety and the environment as 

outlined by the certificates’ terms and 

conditions, including limiting duration 

of those temporary certificates. 

Additionally, other regulatory 

requirements (of Transport Canada or 

PHMSA) not excepted by a temporary 

certificate remain in effect. PHMSA 


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13See Transport Canada, ‘‘Temporary 

Certificates,’’ https://tc.canada.ca/en/dangerousgoods/temporary-certificates (last visited Apr. 16, 

2021). 

14https://unece.org/fileadmin/DAM/trans/doc/ 

2018/dgac10c3/ST-SG-AC.10-C.3-2018-58e.pdf. 

further notes that, consistent with the 

HMR’s existing authorization in 

§ 171.12 for reliance on the TDG 

Regulations to authorize certain 

shipments in the United States, the 

proposed new authorization to use a 

temporary certificate applies only for 

the duration of a shipment. In other 

words, once a shipment offered in 

accordance with a temporary certificate 

reaches its destination, any subsequent 

offering of packages imported under a 

Transport Canada temporary certificate 

would have to be completed in full 

compliance with the HMR. PHMSA’s 

proposed revisions to § 171.12 would 

further mitigate risk to public safety and 

the environment by applying only to 

motor carrier and rail. 

The proposed recognition of 

Transport Canada-issued temporary 

certificates would improve cross-border 

movement of hazardous materials from 

efforts responding to the COVID–19 

public health emergency or other future 

emergencies. For example, among the 

temporary certificates recently issued by 

Transport Canada are several 

authorizing exceptions from TDG 

Regulations to enable movement of 

hand sanitizer chemicals and COVID–19 

test samples.13 Revision of the HMR as 

proposed would help to ensure that, 

should Transport Canada issue 

additional temporary certificates 

responding to the COVID–19 public 

health emergency or another crossborder threat to public safety or the 

environment, the HMR will not be an 

obstacle to those efforts. 

Section 171.23 

Section 171.23 outlines the 

requirements for specific materials and 

packagings transported under the ICAO 

Technical Instructions, IMDG Code, 

Transport Canada TDG Regulations, or 

the IAEA Regulations. It also includes 

provisions that authorize the use, under 

specific conditions, of pi-marked 

pressure vessels, which are pressure 

vessels and pressure receptacles that 

comply with ECE/TRANS/257, the ADR, 

and the EU Directive 2010/35/EU, and 

marked with a pi (p) symbol to denote 

such compliance. PHMSA proposes to 

amend § 171.23(a) to update the 

reference to ECE/TRANS/257 to: (1) 

Reference the 2020 edition of this 

document, ECE/TRANS/300, and (2) 

reference both volumes I and II of the 

ADR. The ADR outlines the regulations 

concerning the international carriage of 

dangerous goods by road within the EU 

and other countries that are member to 

the agreement, and this publication 

contains the European Agreement, the 

Protocol Signatures, the annexes, and 

the amendments. Specifically, 

§ 171.23(a) authorizes cylinders that 

comply with the requirements of 

Packing Instruction P200 (packing 

instruction for cylinders, tubes, pressure 

drums, and bundles of cylinders) or 

P208 (packing instruction for Class 2 

adsorbed gases) and 6.2 (requirements 

for the construction and testing of 

pressure receptacles, aerosol dispensers, 

small receptacles containing gas (gas 

cartridges), and fuel cell cartridges 

containing liquefied flammable gas) of 

the ADR, published in 2019 as 

document ECE/TRANS/257. Upon 

review of the 2020 edition of this 

document, ECE/TRANS/300, PHMSA 

did not find any substantive changes to 

the provisions in 6.2, P200, or P208, and 

therefore, does not expect that 

incorporating by reference ECE/TRANS/ 

300 will impose any safety risk or 

economic impact. However, updating 

the version incorporated by reference to 

reflect the edition that is currently in 

force would facilitate access to foreign 

markets by U.S. manufacturers and 

businesses. 

The proposed regulatory text 

references European Directive 2010/35/ 

EU, which was previously approved for 

incorporation by reference in this 

section, and no changes are proposed 

for this standard. 

B. Part 172 

Section 172.101 Hazardous Materials 

Table (HMT) 

The HMT summarizes terms and 

conditions governing transportation of 

certain hazardous materials under the 

HMR. For each entry, the HMT 

identifies information such as the 

proper shipping name, UN 

identification number, and hazard class. 

The HMT specifies additional 

information or reference requirements 

in the HMR such as hazard 

communication, packaging, quantity 

limits aboard aircraft, and stowage of 

hazardous materials aboard vessels. 

PHMSA proposes to amend certain 

entries in the HMT to reflect the 

proposed regulatory amendments 

discussed below in the Section by 

Section review. For purposes of the 

Government Publishing Office’s 

typesetting procedures, proposed 

changes to the HMT appear under three 

sections of the HMT: ‘‘remove,’’ ‘‘add,’’ 

and ‘‘revise.’’ Certain entries in the 

HMT, such as those with revisions to 

the proper shipping names, appear as a 

‘‘remove’’ and ‘‘add.’’ Proposed 

amendments to the HMT include the 

following: 

New HMT Entries 

• UN0511 Detonators, electronic 

programmable for blasting 

• UN0512 Detonators, electronic 

programmable for blasting 

• UN0513 Detonators, electronic 

programmable for blasting 

• UN3549 Medical Waste, Category 

A, Affecting Humans, solid or Medical 

Waste, Category A, Affecting Animals 

only, solid 

The UN Model Regulations contain a 

new entry to its Dangerous Goods List 

for regulated medical waste in Category 

A (see above list for UN3549). PHMSA 

proposes to add this new entry for this 

proper shipping name and UN number, 

and assigning Special Provision 131 to 

inform offerors that an approval is 

required when shipping this material. 

PHMSA also proposes to assign a new 

special provision, Special Provision 

430, to specify the appropriate use of 

this proper shipping name. The addition 

of a proper shipping name that more 

specifically describes the material in 

transportation is expected to reduce 

regulatory burdens in shipping this 

material internationally and 

domestically. And by limiting the scope 

of transport by way of special provision 

approval requirements for each 

shipment, PHMSA can exercise greater 

oversight of the transport of these 

materials to, from, or within the United 

States. 

PHMSA also proposes to add three 

new entries for the proper shipping 

name ‘‘Detonators, electronic 

programmable for blasting’’ with the 

following new UN numbers: UN0511, 

UN0512, and UN0513. These entries 

were added in the 21st revised edition 

of UN Model Regulations as result of a 

proposal from the Australian Explosives 

Industry and Safety Group (AEISG) and 

ensuing discussions held by the UN 

Working Group on Explosives (EWG) of 

the Sub-Committee of Experts on the 

Transport of Dangerous Goods in 2017 

and 2018.14 AEISG proposed adding 

new entries in the Model Regulations 

for electronic detonators to distinguish 

them from electric detonators, which 

have significantly different design 

characteristics. 

The HMT has nine entries for 

detonators (not used for ammunition) 

which include: ‘‘Detonators, nonelectric for blasting,’’ ‘‘Detonators, 

electric for blasting,’’ and ‘‘Detonator 

assemblies, non-electric for blasting,’’ 

which may fall in to one of three hazard 


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classes (1.1B, 1.4B, 1.4S). Under the 

hazardous materials classification 

scheme, based on the existing available 

entries, electronic detonators are 

required to be transported as 

‘‘Detonators, electric for blasting’’ which 

is not the most accurate description. 

While using this name does not pose 

inherent risks during transportation, it 

creates potential for risks in downstream storage, use, and handling 

operations. Because electronic 

detonators are significantly different 

from other electric and non-electric 

detonators, PHMSA proposes new 

entries for these devices rather than 

including them within the existing 

entries for electric detonator types. As 

with other explosives, the proper 

classification of these devices would 

depend on packaging and testing, hence 

new entries must include all possible 

hazard classifications (1.1B, 1.4G, and 

1.4S). For other newly added hazardous 

materials assigned a UN number on the 

Dangerous Goods List in the UN Model 

Regulations, PHMSA proposes to add: 

UN0511 (1.1B), UN0512 (1.4B), and 

UN0513 (1.4S) to the HMT to facilitate 

proper classification and handling 

across governmental and modal 

jurisdictions. PHMSA expects that this 

change would provide clarity and 

enhance safety by adding more specific 

proper shipping names to describe 

electric detonators. 

Column (1) Symbols 

Section 172.101(b) describes column 

(1) of the HMT and symbols providing 

for additional requirements for 

transportation of listed hazardous 

materials that may be indicated in the 

column. As provided in § 172.101(b)(1): 

(1) The symbol ‘‘A’’ identifies a material 

that is subject to the requirements of the 

HMR only when offered or intended for 

transportation by aircraft; (2) the symbol 

‘‘W’’ identifies a material that is subject 

to the requirements of the HMR only 

when offered or intended for 

transportation by vessel; and (3) the 

symbol ‘‘I’’ identifies proper shipping 

names which are appropriate for 

describing materials in international 

transportation. The UN Model 

Regulations were amended for 

consistency with the ICAO Technical 

Instructions to indicate that in addition 

to being regulated by vessel, the 

following entries are also regulated for 

air transport: ‘‘UN1372, Fibers, animal 

or Fibers, vegetable burnt, wet or 

damp,’’ ‘‘UN1387, Wool waste, wet,’’ 

‘‘UN1856, Rags, oily,’’ ‘‘UN1857, Textile 

waste, wet,’’ and ‘‘UN3360, Fibers, 

vegetable, dry.’’ In the case of these 

particular entries, they are forbidden for 

air transport in the ICAO Technical 

Instructions. While reviewing this 

amendment, PHMSA found that all of 

these entries except for ‘‘UN3360, 

Fibers, vegetable, dry,’’ are also 

identified as only being regulated for air 

and vessel transportation as denoted by 

the symbols ‘‘A’’ and ‘‘W’’ in column 

(1). For UN3360, the symbols ‘‘I’’ and 

‘‘W’’ are presently assigned in column 

(1) and the quantity limit in column (9) 

is ‘‘No Limit’’ for both passenger and 

cargo air. This is inconsistent with the 

ICAO Technical Instructions which 

forbid this material for transport by air. 

Therefore, consistent with the ICAO 

Technical Instructions for the UN3360 

entry, PHMSA proposes to add the 

symbol ‘‘A’’ to column (1) and amend 

column (9) to read ‘‘Forbidden.’’ This is 

further consistent with the entries for 

similar materials ‘‘UN1372, Fibers, 

animal or Fibers, vegetable’’ and 

‘‘UN1373, Fibers or Fabrics, animal or 

vegetable or Synthetic, n.o.s.’’ that are 

also assigned the symbol ‘‘A’’ in column 

(1) and ‘‘Forbidden’’ in column (9). 

PHMSA expects that this change will 

facilitate international air transportation 

and save shippers time and costs by 

preventing delayed and rejected 

shipments. 

Column (2) Hazardous Materials 

Descriptions and Proper Shipping 

Names 

Section 172.101(c) describes column 

(2) of the HMT and the requirements for 

hazardous materials descriptions and 

proper shipping names. The UN Model 

Regulations contain the entry ‘‘UN3363, 

Dangerous Goods in Articles or 

Dangerous Goods in Machinery or 

Dangerous Goods in Apparatus,’’ in its 

Dangerous Goods List; however, the 

HMT entry UN3363 does not include 

‘‘Dangerous Goods in Articles or,’’ in the 

proper shipping name. PHMSA 

proposes to add ‘‘Dangerous Goods in 

Articles or,’’ to the proper shipping 

name. This change provides flexibility 

for shippers selecting the most 

appropriate proper shipping name by 

adding a third option in the proper 

shipping name associated with this UN 

Number. Additionally, for the proper 

shipping name ‘‘Fuel system 

components (including fuel control 

units (FCU), carburetors, fuel lines, fuel 

pumps)’’ which currently directs HMT 

users to ‘‘see Dangerous Goods in 

Apparatus or Dangerous Goods in 

Machinery’’, PHMSA proposes to 

amend the directions to include a 

reference to ‘‘Dangerous Goods in 

Articles.’’ PHMSA expects that these 

changes will improve hazard 

communication by including a more 

specific description for articles 

containing hazardous materials. 

Additionally, for the entry ‘‘UN2522, 

2-Dimethylaminoethyl methacrylate,’’ 

PHMSA proposes to add the word 

‘‘stabilized’’ to this proper shipping 

name to identify this material as a 

polymerizing substance. Discussions 

held by the UNSCOE identified 

‘‘UN2522, 2-Dimethylaminoethylmethacrylate’’ as having a similar 

molecular structure and polymerization 

behaviors to ‘‘UN 3302, 2- 

Dimethylaminoethyl acrylate, 

stabilized.’’ Under the HMR and 

international regulations, polymerizing 

substances require verification that a 

sufficient level of stabilization is 

provided prior to transportation. This 

requirement for stabilization is also 

indicated by assignment of Special 

Provision 387 in the HMT, which 

PHMSA proposes to add for UN2522. 

Finally, for the entry ‘‘UN3171, 

Battery-powered vehicle or Batterypowered equipment,’’ PHMSA proposes 

to make an editorial change to italicize 

the ‘‘or’’ in the hazardous material 

description. Currently, the ‘‘or’’ is in 

roman type and not italicized. Section 

172.101(c) introductory text instructs 

that proper shipping names are limited 

to those in roman type. Moreover, the 

current form of the entry is such that a 

person may confuse the proper shipping 

name with the whole description and 

not the option of ‘‘Battery-powered 

vehicle’’ or ‘‘Battery-powered 

equipment.’’ Therefore, PHMSA 

proposes revising the entry to read 

‘‘Battery-powered vehicle or Batterypowered equipment.’’ 

Column (5) Packing Group 

Section 172.101(f) describes column 

(5) of the HMT, which specifies one or 

more packing groups (PG I, II or III), 

assigned to certain materials. A PG 

indicates the required level of packaging 

according to the degree of danger 

presented by hazardous materials. PG I 

indicates the greatest level of danger, PG 

II corresponds to a medium level of 

danger, and PG III corresponds to a 

minor danger. 

For consistency with the UN Model 

Regulations, PHMSA proposes to 

remove the assignment of PG II as 

indicated in column (5) for the entry 

‘‘UN3291, Regulated medical waste, 

n.o.s. or Clinical waste, unspecified, 

n.o.s. or (BIO) Medical waste, n.o.s. or 

Biomedical waste, n.o.s., or Medical 

Waste n.o.s.’’ This entry is the only 

entry with a Division 6.2 classification 

that has PG II assigned in column (5). 

Amending this entry not to include PG 

II would align with international 

regulations and § 172.101(f), which 

specifically states that Division 6.2 

materials are not assigned packing 


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15 85 FR 27810 (May 11, 2020). 16 78 FR 987; (Jan. 1, 2013). 

groups in the HMR. For packing 

purposes, any requirement for a specific 

packaging performance level is set out 

in the applicable packing authorizations 

of part 173. Instead of having PG II 

indicated in Column (5), packing 

provisions for these materials would 

continue to be outlined in § 173.197. 

PHMSA expects this editorial change 

will maintain the current level of safety 

as no packing provisions are changing. 

Column (6) Label Codes 

Section 172.101(g) describes column 

(6) of the HMT, which contains label 

codes representing the hazard warning 

labels required for specific hazardous 

materials in the HMT. In the HM–215O 

final rule,15 PHMSA added twelve HMT 

entries as part of a classification scheme 

for articles containing hazardous 

materials not otherwise specified by 

name (i.e., n.o.s. entries) in the HMR. 

The entries were inadvertently added 

without label codes in column (6). 

PHMSA proposes to correct the entries 

here by adding the appropriate label 

codes to the following: 

• UN3537 Articles containing 

flammable gas, n.o.s. 

• UN3538 Articles containing nonflammable, non-toxic gas, n.o.s. 

• UN3539 Articles containing toxic 

gas, n.o.s. 

• UN3540 Articles containing 

flammable liquid, n.o.s. 

• UN3541 Articles containing 

flammable solid, n.o.s. 

• UN3542 Articles containing a 

substance liable to spontaneous 

combustion, n.o.s. 

• UN3543 Articles containing a 

substance which in contact with 

water emits flammable gases, n.o.s. 

• UN3544 Articles containing 

oxidizing substance, n.o.s. 

• UN3545 Articles containing organic 

peroxide, n.o.s. 

• UN3546 Articles containing toxic 

substance, n.o.s. 

• UN3547 Articles containing 

corrosive substance, n.o.s. 

• UN3548 Articles containing 

miscellaneous dangerous goods, n.o.s. 

Column (7) Special Provisions 

Section 172.101(h) describes column 

(7) of the HMT, which assigns special 

provisions for each HMT entry. Section 

172.102 provides for the meaning and 

requirements of the special provisions 

assigned to entries in the HMT. The 

proposed revisions to column (7) of 

certain entries in the HMT are discussed 

below. Also, see § 172.102 of the 

Section-By-Section Review below for a 

detailed discussion of the special 

provision amendments addressed in this 

NPRM. 

Special Provision 196: 

PHMSA proposes to add new Special 

Provision 196 to the following HMT 

entries to outline thermal stability 

testing requirements for their 

transportation: 

• UN0340, Nitrocellulose, dry or wetted 

with less than 25 percent water (or 

alcohol), by mass 

• UN0341, Nitrocellulose, unmodified 

or plasticized with less than 18 

percent plasticizing substance, by 

mass 

• UN0342, Nitrocellulose, wetted with 

not less than 25 percent alcohol, by 

mass 

• UN0343, Nitrocellulose, plasticized 

with not less than 18 percent 

plasticizing substance, by mass. 

Special Provision 197 

PHMSA proposes to assign new 

Special Provision 197 to the following 

entries in the HMT to outline thermal 

stability testing requirements for their 

transportation: 

• UN2555, Nitrocellulose with water 

with not less than 25 percent water, 

by mass 

• UN2556, Nitrocellulose with alcohol 

with not less than 25 percent alcohol 

by mass, and with not more than 12.6 

percent nitrogen, by dry mass 

• UN2557, Nitrocellulose, with not 

more than 12.6 percent nitrogen, by 

dry mass mixture with or without 

plasticizer, with or without pigment 

UN3380, Desensitized explosives, 

solid, n.o.s. 

Special Provision 360 

PHMSA proposes to assign Special 

Provision 360 to the following HMT 

entries: 

• UN3481, Lithium ion batteries, 

contained in equipment or packed 

with equipment including lithium ion 

polymer batteries 

• UN3091, Lithium metal batteries, 

contained in equipment or packed 

with equipment including lithium 

alloy batteries 

Special Provision 360 instructs that 

vehicles only powered by lithium 

batteries must be assigned the 

identification number UN3171. See 

Section 172.102 Special Provisions for 

further discussion of Special Provision 

360. 

Special Provision 387 

PHMSA proposes to assign Special 

Provision 387 to the HMT entry for 

‘‘UN2522, 2-Dimethylaminoethyl 

methacrylate.’’ Special Provision 387 

provides additional instructions for 

hazardous materials stabilized by 

chemical or temperature controls to 

ensure a level of stabilization prior to 

transportation sufficient to prevent the 

material from dangerous 

polymerization. The rationale for this 

change is discussed further below. 

Portable Tank Special Provisions 

PHMSA proposes to remove Special 

Provisions TP39 and T41 for the entries 

‘‘UN2381, Dimethyl disulfide’’ and 

‘‘UN3148, Water-reactive liquid, n.o.s.’’ 

respectively, as the transition period has 

expired. In HM–215L,16 PHMSA added 

Special Provisions TP39 and TP41. 

Special Provision TP39 was assigned to 

HMT entry UN2381 and Special 

Provision TP41 was assigned to HMT 

entry UN3148. PHMSA added these two 

special provisions to provide more time 

for portable tank transporters to 

transition their fleets in compliance 

with portable-tank specific requirements 

in Special Provisions T4 and T9. Special 

Provision TP39 authorized continued 

use of portable tank requirements in 

Special Provision T4 until December 31, 

2018. Special Provision TP41 

authorized the continued use of portable 

tank instruction T9 until December 31, 

2018. Since that date has passed, TP39 

and TP41 are no longer necessary. 

Column (9) Quantity Limitations 

Section 172.101(j) explains the 

purpose of column (9) in the HMT. 

Column (9) specifies quantity 

limitations for packages transported by 

air and rail. Column (9) is divided into 

two columns: Column (9A) provides 

quantity limits for passenger aircraft/ 

rail; and column (9B) provides quantity 

limits for cargo aircraft. The proposed 

revisions only address transportation by 

aircraft, as the UN Model Regulations 

did not contemplate any changes to the 

limitations for transport via rail. 

The ICAO Technical Instructions have 

added provisions allowing ‘‘UN2216, 

Fish meal, stabilized or Fish scrap, 

stabilized’’ to be transported by aircraft 

when also meeting the provisions of 

ICAO Special Provision A219. 

Consistent with the ICAO Technical 

Instructions, PHMSA proposes to 

amend Column 9 for this entry to 

indicate quantity limits for passenger 

and cargo aircraft of 100 kg and 200 kg, 

respectively. 

As a conforming amendment, PHMSA 

is also proposing to revise the § 173.218 

packaging requirements for fish meal 

and fish scrap to reflect the 

authorization to transport this material 

by aircraft in addition to vessel. See 


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SECTION 173.218 of the Section-BySection Review for further detail. 

Column (10) Vessel Stowage 

Section 172.101(k) explains the 

purpose of Column (10) of the HMT and 

prescribes the vessel stowage and 

segregation requirements for specific 

entries. Column (10) is divided into two 

columns: Column (10A) [Vessel 

stowage] specifies the authorized 

stowage locations on board cargo and 

passenger vessels; and Column (10B) 

[Other provisions] specifies special 

stowage and segregation provisions. 

In Column (10A) for the entry for 

‘‘UN3135, Water-reactive solid, selfheating, n.o.s, PG I,’’ consistent with the 

IMDG Code, PHMSA proposes to amend 

the assigned stowage category from ‘‘E’’ 

to ‘‘D.’’ This proposed change means the 

material must be stowed ‘‘on deck only’’ 

on a cargo vessel or on a passenger 

vessel carrying a number of passengers 

limited to the greater of 25 passengers 

total or one passenger for each 3 meters 

of overall vessel length; transport would 

be prohibited on a passenger vessel in 

which those passenger limits have been 

exceeded. Stowage category ‘‘E’’ is 

currently assigned to this material 

which allows ‘‘under deck’’ storage. 

This proposed change is consistent with 

the stowage category for other Division 

4.3, PG I, materials with subsidiary 

hazards that are also assigned stowage 

category ‘‘D’’ for ‘‘on deck only’’ 

stowage. The IMDG Code removed 

approval requirements (Special 

Provision 76) from this material and the 

assignment of appropriate transport 

provisions. 

For the ‘‘UN2900, Infectious 

substances, affecting animals only’’ and 

‘‘UN2814, Infectious substances, 

affecting humans,’’ PHMSA proposes to 

amend the assigned stowage category 

from ‘‘B’’ to ‘‘E.’’ This proposed change 

would allow ‘‘on deck’’ or ‘‘under deck’’ 

stowage, but would not allow stowage 

onboard when the number of passengers 

exceeds 25. This proposed change aligns 

with the IMDG Code assignment of this 

stowage category to these materials and 

is not expected to materially change the 

nature of authorized transport options 

for these materials. 

Additionally, consistent with changes 

to the IMDG Code, PHMSA proposes 

numerous changes to the special 

stowage and segregation provisions 

indicated in column (10B) of the HMT, 

labeled ‘‘other provisions.’’ PHMSA 

proposes to assign stowage code 52, 

which requires stowage ‘‘separated 

from’’ acids, to several entries in the 

HMT that are in a group of chemicals 

called alcoholates. Segregation from 

acids is currently not required by the 

HMR for these materials. However, 

alcoholates are strong alkaline 

substances that react vigorously with 

acids. Stowage code 52 would be 

assigned to the following HMT entries: 

• UN1289, Sodium methylate solutions 

in alcohol 

• UN1431, Sodium methylate 

• UN3206, Alkali metal alcoholates, 

self-heating, corrosive, n.o.s. 

• UN3274, Alcoholates solution, n.o.s., 

in alcohol 

For the entries ‘‘UN2900, Infectious 

substances, affecting animals only’’ and 

‘‘UN2814, Infectious substances, 

affecting humans,’’ PHMSA proposes 

adding stowage codes 13 and 95 and 

new stowage code 155. Stowage codes 

13 and 95 require keeping material as 

dry as reasonably practicable and 

stowage ‘‘separated from’’ foodstuffs. 

The IMDG Code has varying levels of 

stowage either ‘‘away from’’ or 

‘‘separated from’’ foodstuffs depending 

on the type of shipment (e.g., 

containerized or break-bulk). PHMSA 

proposes the more restrictive ‘‘separated 

from,’’ regardless of the type of 

shipment, and specifically solicits 

comments on this proposal. The 

stowage of these materials separated 

from foodstuffs is expected to prevent 

inadvertent cross contamination of food 

stuffs. New stowage code 155 requires 

vessel carriers to keep handling of the 

packages to a minimum and to inform 

the appropriate authority or veterinary 

authority where persons or animals may 

have been exposed to the package 

contents. Additionally, this handling 

restriction and communication 

requirement may facilitate reducing 

exposure and contract tracing 

surrounding UN2814 packages that 

contain COVID–19 materials. With the 

exception of the general ‘‘separated 

from’’ proposed language, these 

proposals are consistent with IMDG 

Code requirements. 

Additionally, for the PG II and III 

entries of ‘‘UN3129, Water-reactive 

liquid, corrosive, n.o.s,’’ ‘‘UN3132, 

Water-reactive solid, flammable, n.o.s,’’ 

and ‘‘UN3135, Water-reactive solid, selfheating, n.o.s,’’ which are all water 

reactive Division 4.3 materials, PHMSA 

proposes adding stowage code 85 to 

column (10B). Stowage code 85 requires 

‘‘under deck’’ stowage in mechanically 

ventilated spaces. This proposal is 

intended to ensure that if the cargo is 

stowed under deck, adequate 

mechanical ventilation is provided. 

Mechanical ventilation is important to 

ensure any potential dangerous gases or 

vapors released are expelled from the 

cargo hold and not allowed to build up 

below deck. 

PHMSA proposes adding stowage 

code 156 to the lithium battery entries 

‘‘UN3090, Lithium metal batteries,’’ 

‘‘UN3091, Lithium metal batteries 

contained in equipment, or Lithium 

metal batteries packed with 

equipment,’’ ‘‘UN3480, Lithium ion 

batteries,’’ and ‘‘UN3481, Lithium ion 

batteries contained in equipment or 

Lithium ion batteries packed with 

equipment’’ in the HMT in column 

(10B). This new stowage code 

assignment requires that, in lieu of the 

stowage category A assigned in column 

(10A) in the current HMR which allows 

stowage ‘‘on deck’’ or ‘‘under deck,’’ 

lithium batteries that are offered in 

transportation for purposes of disposal 

or recycling, or that are offered under 

damaged or defective provisions (see 

§ 173.185(f) of the HMR), would be 

required to be stowed in accordance 

with stowage category C which requires 

‘‘on deck only’’ stowage on cargo and 

passenger vessels. PHMSA expects that 

this new stowage code will enhance the 

safety of shipment of lithium batteries 

expected from anticipated increases in 

use of lithium batteries in the 

transportation and other economic 

sectors in the years ahead. 

PHMSA proposes adding stowage 

code 157 to column (10B) for numerous 

entries in the HMT. Stowage code 157 

would require aerosols, small 

receptacles containing gas, or gas 

cartridges transported for purposes of 

recycling or disposal, to be stowed in 

accordance with stowage category C, 

which requires ‘‘on deck only’’ stowage, 

and to be clear of living quarters. This 

stowage code requirement is in lieu of 

the stowage category A assigned in 

column (10A) in the current HMR 

allowing ‘‘on deck’’ or ‘‘under deck’’ 

stowage. PHMSA proposes to add new 

stowage code 157 to the following 

entries in the HMT: 

• UN1950, Aerosols, corrosive, Packing 

Group II or III, (each not exceeding 1 

L capacity) 

• UN1950, Aerosols, flammable, (each 

not exceeding 1 L capacity) 

• UN1950, Aerosols, flammable, n.o.s. 

(engine starting fluid) (each not 

exceeding 1 L capacity) 

• UN1950, Aerosols, non-flammable, 

(each not exceeding 1 L capacity) 

• UN1950, Aerosols, poison, Packing 

Group III (each not exceeding 1 L 

capacity) 

• UN2037, Gas cartridges, (flammable) 

without a release device, nonrefillable 

• UN2037, Receptacles, small, 

containing gas or gas cartridges 

(flammable) without release device, 

not refillable and not exceeding 1 L 

capacity 


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• UN2037, Receptacles, small, 

containing gas or gas cartridges (nonflammable) without release device, 

not refillable and not exceeding 1 L 

capacity 

• UN2037, Receptacles, small, 

containing gas or gas cartridges 

(oxidizing), without release device, 

not refillable and not exceeding 1 L 

capacity 

Section 172.102 Special Provisions 

Section 172.102 lists special 

provisions applicable to the 

transportation of specific hazardous 

materials. Special provisions contain 

various provisions including packaging 

requirements, prohibitions, and 

exceptions applicable to particular 

quantities or forms of hazardous 

materials. PHMSA proposes the 

following revisions to the special 

provisions in this section: 

Special Provision 47 

Special Provision 47 allows mixtures 

of solids that are not subject to the HMR 

and Class 3 flammable liquids to be 

transported as flammable solid material 

described as ‘‘UN3175, Solids 

containing flammable liquid, n.o.s., 

4.1,’’ without applying the Division 4.1 

classification criteria. This classification 

is permitted provided that there is no 

free liquid visible at the time the 

material is loaded or at the time the 

packaging is closed. In addition to 

providing classification testing relief for 

these items, this special provision 

provides further relief from the HMR for 

packets and articles, generally referred 

to as small inner packagings, if they 

contain less than 10 mL of a Class 3 

liquid (in Packing Group II or III) and if 

the liquid is absorbed (i.e., no free liquid 

in the packet or article) onto a solid 

material. This special provision is 

widely used for articles such as alcohol 

wipes, and due to the ongoing COVID– 

19 public health emergency, these items 

are being transported in increasing 

numbers to meet demand. While many 

of these wipes, depending how they are 

packed, meet the conditions of this 

special provision and qualify for 

exception from regulation, confusion 

around the wording of the packaging 

conditions to qualify for the exception 

has led to an editorial amendment in the 

ICAO Technical Instructions. 

On December 31, 2020, in an 

addendum to the 2021–2022 edition of 

the ICAO Technical Instructions, 

Special Provision A46 was amended to 

remove a reference to ‘‘small inner 

packaging’’ related to the sealed packets 

and articles. Prior to this amendment, 

and as currently provided in the HMR 

in Special Provision 47, it reads that to 

be excepted from the HMR, ‘‘small inner 

packagings consisting of sealed packets 

and articles containing less than 10 mL 

of a Class 3 liquid in Packing Group II 

or III absorbed onto a solid material are 

not subject to this subchapter provided 

there is no free liquid in the packet or 

article.’’ The phrasing is ambiguous 

enough that shippers may misinterpret 

the language as instructing them to pack 

small inner packagings with the sealed 

packets or articles. Instead, the intent of 

‘‘small inner packagings’’ was to 

describe sealed packets and articles. The 

amendment to Special Provision A46 in 

the ICAO Technical Instructions is 

consistent with other provisions in the 

ICAO Technical Instructions; for 

example, Special Provision A158 clearly 

states that sealed packets and articles 

containing less than 10 mL of an 

environmentally hazardous liquid are 

not subject to the requirements when 

certain conditions are met. PHMSA 

agrees with the amendment made in the 

ICAO Technical Instructions removing 

the reference to ‘‘small inner 

packagings’’ to avoid confusion and 

proposes to make the same revision in 

Special Provision 47 to clarify the 

exception within the HMR. PHMSA 

expects this clarification of its 

regulations will facilitate the transport 

of hygienic products intended to 

prevent the spread of COVID–19. 

Special Provision 134 

Special Provision 134 provides 

instruction on the use of the HMT entry 

‘‘UN3171, Battery-powered vehicle or 

Battery-powered equipment,’’ 

stipulating that it applies only to 

vehicles or equipment powered by wet 

batteries, sodium batteries, lithium 

metal batteries, or lithium ion batteries 

that are transported with these batteries 

installed. PHMSA proposes to amend 

language in Special Provision 134 to 

clarify its use in connection with 

lithium batteries installed in cargo 

transport units. Under the proposed 

amendment, these items would be 

described by a separate entry in the 

HMT, specifically, ‘‘UN3536, Lithium 

batteries installed in cargo transport 

unit’’ for which there are unique 

transportation requirements that do not 

apply to transport of battery-powered 

vehicles or equipment. PHMSA is also 

amending the language in this special 

provision to replace the phrase 

‘‘consigned under’’ with the phrase 

‘‘described using’’ to provide a more 

easily-accessible, plain language 

understanding of the requirement. 

Special Provision 135 

Special Provision 135 provides 

instruction for selecting the appropriate 

proper shipping name for vehicles with 

internal combustion engines powered 

by various fuel sources, such as a 

flammable gas, flammable liquid, or fuel 

cell. PHMSA proposes to amend Special 

Provision 135 to specify that lithium 

batteries installed in cargo transport 

units (UN3536), which are designed 

only to provide power external to the 

transport unit, may not be classified as 

an internal combustion engine installed 

in a vehicle. PHMSA expects that 

adding this clarifying language will 

avoid misclassifying lithium batteries in 

cargo transport units. Additionally, 

consistent with changes to Special 

Provision 134, PHMSA proposes to 

amend the language in this special 

provision to replace the phrase 

‘‘consigned under’’ with the phrase 

‘‘described using’’ to the entries to 

provide consistency across similar 

provisions and improve understanding 

of the requirement. 

Special Provision 136 

Special Provision 136 provides 

instructions regarding the use of the 

HMT entry ‘‘UN3363, Dangerous Goods 

in Apparatus or Dangerous Goods in 

Machinery’’ and indicates that this UN 

number and the associated proper 

shipping names are only applicable to 

machinery and apparatus containing 

hazardous materials as an integral 

element of the machinery or apparatus. 

In light of the proposed addition of 

‘‘Dangerous Goods in Articles’’ to the 

list of acceptable proper shipping names 

for UN3363 (see § 172.101 of the 

Section-By-Section Review), PHMSA 

proposes to revise this special provision 

to add the words ‘‘articles’’ where 

machinery and apparatus are 

mentioned. PHMSA expects this 

proposed change to improve 

consistency across HMR provisions 

where UN3363 is discussed. 

Special Provision 147 

Special Provision 147, assigned to 

UN3375, provides instruction on the 

description and classification criteria for 

non-sensitized emulsions, suspensions, 

and gels consisting mostly of 

ammonium nitrate and fuel, intended to 

produce a Type E blasting explosive 

only after further processing prior to 

use, which are transported as ‘‘UN3375, 

Ammonium nitrate emulsion or 

Ammonium nitrate suspension or 

Ammonium nitrate gel, intermediate for 

blasting explosives.’’ Currently, the 

HMR requires applicants to pass Test 

Series 8(a), (b), and (c) of the UN 

Manual of Tests and Criteria, when 

requesting an approval for 

transportation under UN3375. However, 

PHMSA proposes to revise the last 


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17https://unece.org/fileadmin/DAM/trans/doc/ 

2018/dgac10c3/UN-SCETDG-53-INF22e.pdf. 18 79 FR 46012 (Aug. 16, 2014). 

sentence of Special Provision 147 by 

removing the specific requirement to 

pass Tests 8(a), (b), and (c), so that it can 

be met by passing any test in Test Series 

8 of the UN Manual of Tests and 

Criteria. Modifying Special Provision 

147 as proposed would align with the 

equivalent special provision in the UN 

Model Regulations (SP 309) which was 

amended similarly. PHMSA proposes 

this change to reflect and allow for the 

inclusion of an additional test in the 

Test Series 8 provided in the UN 

Manual of Tests and Criteria. In the 7th 

revised edition UN Manual of Tests and 

Criteria Test Series 8 was expanded to 

include Test 8(e) as an alternative to 

8(c). This change in testing was the 

result of technical discussions and 

amendment proposals held during 

UNSCOE meetings. At the 47th session 

of the United Nations Sub-Committee of 

Experts on the Transport of Dangerous 

Goods, the EWG concluded that the UN 

Test 8(c) was unsuitable for ammonium 

nitrate emulsions (ANEs) due to a flaw 

in the method which could lead to a 

false positive under certain 

conditions.17

PHMSA expects that removing this 

requirement to specifically pass the 8(c) 

test will mitigate the risk of receiving a 

false positive result and consequently 

inaccurate classification. It would also 

allow shippers the ability to perform 

additional classification testing as 

provided in the seventh revised edition 

of the UN Manual Test Criteria. 

Special Provisions 196 and 197 

PHMSA proposes to add Special 

Provisions 196 and 197 pertaining to 

transportation of nitrocellulose. These 

new special provisions would require 

that manufacturers of nitrocellulose 

products ensure that these Class 1 and 

Class 4 materials employ certain tests 

verifying that the materials meet 

specific stability requirements to avoid 

the danger of self-ignition. Those test 

methods determine whether a material 

is stable when subjected to elevated 

temperatures in transportation, which is 

critical to the safe transportation of 

materials such a nitrocellulose. Special 

Provision 196 applies to nitrocellulose 

of Class 1 (explosive) nitrocellulose 

materials (UN0340, UN0341, UN0342, 

and UN0343), and specifically excepts 

those materials from Type 3(c) thermal 

stability testing. Special Provision 197 is 

assigned to nitrocellulose materials in 

Class 4 (UN2555, UN2556, UN2557, and 

UN3380). 

Special Provision 360 

Special Provision 360 provides 

instruction to aid in proper 

identification of a battery-powered 

vehicle that contains lithium batteries. 

Currently, Special Provision 360 states 

that vehicles powered solely by lithium 

batteries must be identified as ‘‘UN3171, 

Battery-powered vehicle or Batterypowered equipment.’’ In HM–215O, 

PHMSA added a new UN entry, 

‘‘UN3536, Lithium batteries installed in 

cargo transport unit lithium ion batteries 

or lithium metal batteries.’’ PHMSA 

proposes to revise Special Provision 360 

to better distinguish between the 

various types of equipment with lithium 

batteries. The revised language would 

specify that lithium batteries that are 

installed in cargo transport units which 

are designed only to provide power 

external to the transport unit must be 

transported as ‘‘UN3536, Lithium 

batteries installed in a cargo transport 

unit lithium ion batteries or lithium 

metal batteries,’’ making them subject to 

packaging provisions and exceptions 

outlined in Special Provision 389. The 

intent of this language is to clarify 

further that these batteries should not be 

described and transported as ‘‘UN3091, 

Lithium metal batteries, contained in 

equipment including lithium alloy 

batteries’’ or ‘‘UN3481, Lithium ion 

batteries, contained in equipment 

including lithium ion polymer 

batteries.’’ 

Furthermore, Special Provision 360 

was originally assigned to the HMT 

entry ‘‘UN3091, Lithium batteries, 

contained in equipment,’’ however, in 

final rule HM–224F,18 PHMSA adopted 

separate entries based on the lithium 

battery chemistry, i.e., ‘‘UN3091, 

Lithium metal batteries, contained in 

equipment including lithium alloy 

batteries’’ or ‘‘UN3481, Lithium ion 

batteries, contained in equipment 

including lithium ion polymer 

batteries.’’ In doing so, PHMSA 

inadvertently did not make a 

conforming revision to assign Special 

Provision 360 to these separate 

descriptions in the HMT. Consistent 

with the proposed revisions to Special 

Provision 360 to clarify appropriate use 

of descriptions for lithium battery 

equipment, PHMSA proposes to assign 

this special provision to the two lithium 

battery descriptions for contained in 

equipment and packed with equipment. 

Finally, PHMSA is also revising the text 

‘‘assigned to’’ to read ‘‘described using’’ 

to improve understanding of the special 

provision instruction. 

Special Provision 370 

Special Provision 370 is currently 

assigned to ‘‘UN0222, Ammonium 

nitrate, with more than 0.2 percent 

combustible substances, including any 

organic substance calculated as carbon, 

to the exclusion of any other added 

substance.’’ The entry UN0222 (1.1D) is 

intended for certain ammonium nitrates 

that are not a commercially 

manufactured product and this entry is 

typically used to identify contaminated 

ammonium nitrate or ammonium nitrate 

fertilizers that give a positive result 

when tested in accordance with Test 

Series 2 of the UN Manual of Tests and 

Criteria. However, Special Provision 370 

currently states that a hazardous 

material may also be classified as 

UN0222 even if it has more that 0.2 

percent combustible substances. 

PHMSA proposes to amend special 

provision 370 to better clarify when the 

entry for UN0222 may be applied. 

Clarifying this classification instruction 

is necessary to ensure that more readily 

transported materials, such as 

ammonium nitrate mixed with fuel oil 

(ANFO), are not improperly transported 

as UN0222, which should be reserved 

for special non-commercial purposes. 

Given that inappropriately classified 

items pose an inherent safety risk to 

emergency responders, PHMSA 

proposes to revise Special Provision 370 

to provide clarifying language to ensure 

that certain ammonium nitrate materials 

(such as ANFO) are not described and 

classified as ‘‘UN0222, Ammonium 

nitrate.’’ Specifically, the amendment to 

this special provision stipulates that this 

UN entry should not be used when 

other applicable proper shipping names 

exist. 

Special Provision 379 

Special Provision 379 provides 

conditions for exception from full 

regulation under the HMR for 

anhydrous ammonia adsorbed or 

absorbed on a solid contained in 

ammonia dispensing systems or 

receptacles intended to form part of 

such systems. Among these conditions, 

Special Provision 379 requires that 

receptacles containing adsorbed or 

absorbed ammonia must be made of a 

material compatible with ammonia as 

specified in ISO 11114–1:2012(E), ‘‘Gas 

cylinders—Compatibility of cylinder 

and valve materials with gas contents— 

Part 1: Metallic materials.’’ PHMSA 

proposes to revise language in Special 

Provision 379 to add a reference to an 

amendment to ISO standard 11114– 

1:2012(E), specifically, ISO 11114– 

1:2012/Amd 1:2017(E) and correct the 

unintentional omission of the (E) to 


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indicate the English language edition. 

As part of ISO’s regular five-year review 

of its standards, the 2012 version of this 

document was amended through the 

issuance of document ISO 11114– 

1:2012/Amd 1:2017(E). The amended 

ISO standard provides more explicit 

instructions on the permissible 

concentrations of gases containing 

halogens in aluminum cylinders. It also 

provides amended requirements for 

butylene, hydrogen cyanide, hydrogen 

sulfide, and nitric oxide. Consequently, 

the 21st revised edition of the UN 

Model Regulations updated all 

references to the 2012 edition to include 

a reference to the amendment (ISO 

11114–1:2012/Amd 1:2017(E)). PHMSA 

proposes similar conforming revisions. 

See SECTION 171.7 Section-by-Section 

discussion. Therefore, PHMSA also 

proposes to revise this special 

provision. In the course of its review of 

the 2017 amendment for ISO standard 

11114, PHMSA determined that it 

enhances safety of transport and 

therefore, is appropriate for inclusion as 

an updated condition for transport of 

ammonia dispensing systems or 

receptacles intended to form part of 

such systems. 

Special Provision 430 

PHMSA proposes to add Special 

Provision 430 and assign it to the new 

HMT entry ‘‘UN3549, Medical Waste, 

Category A, Affecting Humans, solid or 

Medical Waste, Category A, Affecting 

Animals only, solid’’ discussed above. 

As with other special provisions that 

provide instruction pertaining to 

appropriate use of proper shipping 

names, PHMSA proposes to add Special 

Provision 430 to stipulate that only 

solid medical waste of Category A, 

which is being transported for disposal, 

may be described using this entry. The 

intent of this added language is to 

simplify the regulations and ensure 

proper classification of medical wastes 

to ensure safe transportation. 

Special Provision 441 

The UN Model Regulations and the 

IMDG Code contain an exception in 

their Special Provision 274 pertaining to 

‘‘UN3077, Environmentally hazardous 

substance, solid, n.o.s.’’ and ‘‘UN3082, 

Environmentally hazardous substance, 

liquid, n.o.s.’’ Special Provision 274 

requires a proper shipping name to be 

supplemented with a technical name, in 

the same manner as the letter ‘‘G’’ is 

assigned in the HMT. When a ‘‘G’’ is 

listed in Column (1) of the HMT in 

association with a particular entry, the 

proper shipping name must be 

supplemented with a technical name. 

For context, in both the UN Model 

Regulations and the HMT, when generic 

proper shipping names (e.g., n.o.s. 

proper shipping names) are used, a 

technical name must be provided as part 

of the basic description to provide 

additional information for hazard 

communication related to the material 

being shipped. For example, the HMT 

entry ‘‘UN1760, Corrosive liquid, 

n.o.s.,’’ provides a generic description of 

a corrosive liquid and, therefore, 

marking and shipping papers 

requirements necessitate a technical 

name pertaining to the corrosive liquid 

(e.g., octanoyl chloride). 

The new exception in Special 

Provision 274 modifies the requirement 

to supplement the proper shipping 

name with a technical name. The 

revision, which is specifically for 

materials shipping under UN3077 or 

UN3082, allows the use of a proper 

shipping name found on the Dangerous 

Goods List (the IMDG Code and UN 

Model Regulations’ equivalent of the 

HMT) to be used in place of a technical 

name, provided that it does not: (1) 

Include ‘‘n.o.s.’’ as part of the proper 

shipping name and; (2) is not an entry 

assigned Special Provision 274. In 

practice, this means that items, such as 

paint, that might be shipped as 

‘‘UN3082, Environmentally hazardous 

substance n.o.s.,’’ are no longer required 

to include a supplemental technical 

name, and instead are permitted to 

include the more readily-recognizable 

name of the commodity (paint) on 

markings and shipping papers. For 

common commodities such as paint 

with various chemical components, 

emergency responders rely less on 

determining the specific chemical for 

performance of emergency response and 

respond to the known hazards of the 

commodity. PHMSA expects 

streamlining the hazardous material 

description requirements in this manner 

will help facilitate appropriate 

emergency response without a reduction 

in safety. 

While the UN Model regulations 

broadly provided this relief for UN3077 

and UN3082, environmentally 

hazardous materials classified under 

these UN numbers are applicable to a 

narrower scope of materials under the 

IMDG Code. Under the IMDG Code, 

‘‘environmentally hazardous 

substances’’ are those that are pollutants 

specifically for aquatic environments 

(which is equivalent to marine 

pollutants under the HMR) whereas the 

UN model regulations are broadly 

applicable to aquatic and other 

environments. 

PHMSA proposes to mirror expansion 

by the UN Model Regulations and IMDG 

Code’s Special Provision 274 of 

acceptable technical names for marine 

pollutants transported under UN3077 

and UN3082 by adding a new Special 

Provision 441 to the HMR. This special 

provision would provide the same 

shipping description flexibility 

specifically for marine pollutants by 

removing the requirement to 

supplement the proper shipping name 

associated with UN3077 and UN3082 

with a technical name. PHMSA also 

proposes modifying §§ 172.203(l) and 

172.322 to maintain alignment with the 

IMDG Code with regard to the 

documentation and marking 

requirements when marine pollutant 

components are present in hazardous 

materials. In addition to providing 

logistical benefits for shippers, PHMSA 

expects that the use of readily 

recognizable common commodity 

names instead of technical names will 

facilitate emergency response by making 

the hazardous material more quickly 

and easily identifiable. See §§ 172.203(l) 

and 172.322 of the Section-By-Section 

Review for additional discussions on 

proposals related to this amendment. 

Special Provisions TP39 and TP 41 

PHMSA proposes to remove portable 

tank special provisions TP39 and TP 41. 

The sunset provisions in special 

provisions TP39 and TP41 allowing use 

of other portable tank special provisions 

expired on December 31, 2018, and 

thus, PHMSA proposes removing them 

from the HMR to prevent the use of 

these expired provisions. See § 172.101 

of the Section-By-Section Review for 

further detail of the deletion of these 

portable tank special provisions from 

the HMR. 

Section 172.203 

Section 172.203 prescribes additional 

description requirements for shipping 

papers. PHMSA proposes to revise 

paragraphs (i)(2) and (l)(1), and add new 

paragraphs (i)(4) and (q). Each proposed 

change is further described below, along 

with PHMSA’s rationale for proposing 

the changes. 

In paragraph (i), which provides 

requirements specific to vessel 

transportation, PHMSA proposes to 

clarify that the documentation of the 

flashpoint on shipping papers, as 

required in paragraph (i)(2), is only 

required for liquid hazardous materials 

that have a primary or subsidiary hazard 

of Class 3 and a flashpoint of 60°C or 

below (in °C closed-cup (c.c.)). This 

change aims to prevent the shipping 

delays resulting from confusion on how 

this documentation requirement applied 

to items for which flashpoint is not an 

appropriate classification criterion (e.g., 

aerosols and flammable solids). 


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Furthermore, limiting the flashpoint 

information to a narrower subset of 

hazardous materials ensures identifying 

information of the materials in transport 

better aligns with the material 

properties of those materials because 

flashpoint is a safety-relevant criterion 

only for dangerous goods that are 

liquids with a main or subsidiary hazard 

of Class 3. PHMSA does not expect any 

reduction in safety as a result of this 

editorial change given that this change 

ensures that information regarding the 

flashpoint is only provided for items in 

which flashpoint is a safety-relevant 

criterion; avoidance of the delays in 

transportation experienced in the past 

also reduces the risks associated with 

that transportation. 

PHMSA also proposes adding a new 

paragraph (i)(4), that would require 

shipments of lithium batteries that are 

offered into transportation for purposes 

of disposal or recycling, or offered 

under the damaged or defective 

provisions in § 173.185(f), to indicate on 

shipping papers one of the following 

disclaimers, as appropriate: 

‘‘DAMAGED/DEFECTIVE,’’ ‘‘LITHIUM 

BATTERIES FOR DISPOSAL,’’ or 

‘‘LITHIUM BATTERIES FOR 

RECYCLING.’’ This proposed change is 

consistent with changes adopted in the 

IMDG Code, and associated with an 

additional proposed revision to § 176.84 

of the HMR to require lithium batteries 

that are damaged or defective, or those 

that are being transported for disposal or 

recycling, to be stowed in accordance 

with stowage category C requirements 

authorizing ‘‘on deck only’’ stowage 

instead of the currently-authorized ‘‘on 

deck’’ or ‘‘under deck’’ options. This 

additional shipping paper requirement 

would help communicate information 

about the batteries to individuals 

making stowage plans for the vessel, 

provide a mechanism for ensuring the 

‘‘on deck’’ stowage of these materials, 

and allow for more easily identifiable 

and effective response actions in the 

event of a fire involving lithium 

batteries onboard a vessel. PHMSA 

expects that these revised shipping 

requirements will contribute to the safe 

transportation of increased volumes of 

damaged/defective/exhausted lithium 

batteries anticipated as a result of the 

increased use of lithium batteries in the 

transportation and other economic 

sectors. For additional information on 

this stowage requirement, see Section 

176.84 of the Section-By-Section 

Review. 

In paragraph (l)(1), PHMSA proposes 

to revise the scope of hazardous 

materials for which a specific marine 

polluting component must be identified 

in association with the basic description 

(i.e., the combination of the UN number, 

proper shipping name, hazard class, and 

packing group) on a shipping paper. 

Currently, § 172.203(l) specifies that, 

when the proper shipping name for a 

hazardous material which is a marine 

pollutant does not identify the 

component that makes the hazardous 

material a marine pollutant, the name of 

the marine pollutant constituent must 

appear in parentheses within the basic 

description. PHMSA proposes to revise 

paragraph (l)(1) to limit the scope of this 

requirement to make it applicable only 

to generic HMT entries (as indicated by 

the G in Column 1 on the HMT) as well 

as those that have ‘‘n.o.s.’’ as part of the 

proper shipping name. The intent of this 

proposed amendment is to extend the 

documentation and marking flexibility 

provided by Special Provision 441 

(which currently applies only to 

environmentally hazardous substances 

(UN3077 and UN 3082)) and to other 

hazardous materials that may contain 

components(s) that are marine 

pollutants. For example, under the 

current HMR, if ‘‘UN1263, Paint’’ 

contains marine pollutants, the basic 

description required on shipping papers 

and markings would have to include the 

specific marine polluting component(s) 

that are present in the paint, in addition 

to the words ‘‘marine pollutant’’ (e.g., 

‘‘UN1263, Paint, 3 (propyl acetate, di-nbutyltin di-2-ethylhexanoate) MARINE 

POLLUTANT’’). But under this 

proposed amendment, the basic 

description for ‘‘UN1263, Paint’’ would 

no longer require the addition of the 

‘‘marine pollutant’’ language. Given that 

emergency responders do not depend on 

the specific technical name provided in 

association with the shipping 

description to effectively respond to 

emergencies, PHMSA expects 

streamlining the description to provide 

more readily recognizable and usable 

information that reflects the hazardous 

materials involved may facilitate 

emergency response. 

Finally, PHMSA proposes to add a 

new paragraph (q) to this section to 

require documentation of the holding 

time for refrigerated liquefied gases 

transported in portable tanks. Holding 

time is the span of time, as determined 

by testing, that elapses from the time of 

loading until the pressure of the 

contents, under equilibrium conditions, 

reaches the set point for the lowest 

pressure control valve or pressure relief 

valve setting. PHMSA proposes to 

require including the specific date at 

which the holding time ends on the 

shipping paper for refrigerated liquefied 

gases transported in portable tanks. 

Knowing the holding time assists in 

preventing unexpected venting while in 

transportation, which could lead to 

exposure to and risks associated with a 

hazardous material release as well as the 

loss of product. Including this 

information on the shipping paper 

would aid in managing the 

transportation of refrigerated liquefied 

gases to ensure the material arrives 

safely at its destination without an 

unintended release of hazardous 

materials, including those that are 

known greenhouse gases (GHGs) (e.g., 

nitrous oxide). PHMSA anticipates that 

establishing this requirement to provide 

this information for portable tanks will 

improve safety of international transport 

of refrigerated liquefied gases in 

portable tanks. 

Section 172.301 

Section 172.301 prescribes general 

marking requirements for non-bulk 

packagings. PHMSA proposes to amend 

paragraph (a)(1) to clarify that the 

exception permitting reduced size 

marking requirements are applicable to 

packages with either 5L or less capacity, 

or those with a 5 kilograms (kg) or less 

net mass. The current HMR text states 

that the exception is applicable to 

packages with a maximum capacity of 5 

kg or 5 L or less, rather than the 

maximum net mass, which is the more 

appropriate measure for packages 

containing solids. A person shipping a 

solid material may unnecessarily apply 

the volume limitation, when a net mass 

limit is intended. This proposal clarifies 

that packages for solid material may 

have a maximum net mass of 5 kg or 

less. This editorial change is intended to 

reduce confusion over the application of 

the exception at § 172.301(a)(1) in that 

for solid materials, the quantity limit is 

based on the net amount of solid 

material and not the capacity of the 

packaging the material is placed in. This 

clarification is consistent with similar 

provisions for solids (net mass) and 

liquids (capacity) throughout the HMR. 

Ensuring the appropriate application of 

the reduced size marking allowance 

provides consistency across persons 

using the reduced-size marking and 

therefore, is expected to improve safety 

of transport. 

Section 172.315 

Section 172.315 prescribes the 

marking requirements for packages of 

limited quantities. Currently, the HMR 

require that the limited quantity mark 

be applied on at least one side or one 

end of the outer packaging. The 2021– 

2022 ICAO Technical Instructions 

clarified that marks, in particular those 

that are applied in a similar manner to 

self-adhesive labels, must be applied on 


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one side of a package (i.e., not folded 

over an edge). Prior to these 

amendments, only hazard 

communication labels were required to 

be applied to a single side of a package 

and prohibited from being folded 

around the edge of a package. This 

requirement was extended to markings 

to ensure visibility and to communicate 

hazard(s) to the greatest extent possible. 

Consistent with the ICAO Technical 

Instructions, PHMSA proposes adding a 

new paragraph (b)(3) to require, for air 

transport, that the entire limited 

quantity mark must appear on one side 

of the package. For detail on the 

rationale for this proposed requirement, 

see Section 172.406 of the Section-bySection Review. 

Section 172.322 

Section 172.322 prescribes the 

marking requirements for hazardous 

materials that are also marine 

pollutants. PHMSA proposes, consistent 

with proposed changes in Special 

Provision 441 and § 172.203(l)(1) 

discussed above, to limit the scope of 

hazardous materials, which are marine 

pollutants, that are subject to this 

technical name marking requirement. 

Specifically, PHMSA proposes to apply 

the technical name marking to proper 

shipping names that have a ‘‘G’’ 

assigned in column (1) of the § 172.101 

Hazardous Materials Table or have the 

text ‘‘n.o.s.’’ as part of the proper 

shipping name. PHMSA also proposes 

to add language directing shippers using 

‘‘UN3077, Environmentally hazardous 

substance, solid, n.o.s.’’ or ‘‘UN3082, 

Environmentally hazardous substance, 

liquid, n.o.s.,’’ to Special Provision 441 

for additional requirements. 

Section 172.406 

Section 172.406 specifies the 

requirements for the placement of labels 

on a package. The 2021–2022 ICAO 

Technical Instructions clarified that 

marks, in particular those that are 

applied in a similar manner to selfadhesive labels, must be applied on one 

side of a package. The ICAO Technical 

Instructions have long required that all 

hazard communication labels not be 

folded (around the edge of a packages) 

and be applied to a single side. This 

requirement was introduced to ensure 

visibility and communicate hazard(s) to 

the greatest extent possible. In a 

working group session, the ICAO 

Dangerous Goods Panel agreed that 

extending this labeling requirement to 

marks was appropriate as marks, like 

labels, provide hazard communication. 

While PHMSA has not specifically 

prohibited extending labels onto other 

sides of packaging and allows the use of 

smaller labels to accommodate smaller 

packagings, PHMSA appreciates the 

need for readily visible hazard 

communication by air. Therefore, for the 

sake of harmonizing with the ICAO 

Technical Instructions, and to ensure 

visibility to communicate hazards to the 

greatest extent possible, PHMSA 

proposes to add specific restrictions on 

wrapping marks and labels for 

shipments that are transported by air. 

During a review of the specific 

marking requirements that were added 

in the 2021–2022 ICAO Technical 

Instructions, PHMSA found that the 

HMR do not contain the same express 

limitation on ‘‘folding’’ of a part of a 

label around the edges of a package such 

that the entirety of a label would have 

to be on a single side. PHMSA expects 

that adopting both the pre-existing 

ICAO single side requirement for labels, 

and the recent requirement that marks 

must be on a single side of a package 

will provide increased visibility of 

hazard communication on the smaller 

package types that are frequently used 

in air transport. These measures would 

also reduce ambiguity for air operator 

employees conducting acceptance 

checks as to whether the package 

appropriately indicates the hazards 

without having to make a subjective 

determination. 

Therefore, PHMSA proposes to 

require in a new paragraph (a)(1)(iii), 

that for air transport, the entirety of a 

required label must be displayed on one 

side of a package. For cylindrical 

packages not containing a traditional 

side, the labels and/or package must be 

of such dimensions that a label would 

not overlap itself. In the case of 

cylindrical packages containing 

radioactive materials, which require two 

identical labels, these labels must be 

centered on opposite points of the 

circumference and must not overlap 

each other. If the dimensions of the 

package are such that two identical 

labels cannot be affixed without 

overlapping each other, one label is 

acceptable provided it does not overlap 

itself. 

In addition, PHMSA proposes to add 

requirements that marks must not be 

folded for: the limited quantity mark in 

§ 172.315(b); the excepted quantity mark 

in § 173.4a(g); and the UN3373 Category 

B infectious substance mark in 

§ 173.199(a). The ICAO Technical 

Instructions were also amended to 

require that the lithium battery handling 

mark be applied on a single side of a 

package; however, this is already 

prescribed in § 173.185(c)(3)(i), 

applicable to all modes of transport. 

Regarding the Category B infectious 

substance mark, the proposal would 

help ensure that any packages 

containing COVID–19 materials have 

appropriate visibility and thus, ensure 

the safe transport of such materials. 

Section 172.447 

Section 172.447 prescribes 

specifications for labels used for lithium 

batteries. PHMSA proposes to remove 

and reserve paragraph (c), which 

contains an expired transitional 

exception allowing for continued use of 

labels in conformance with the 

requirements that had been in place on 

December 31, 2016 until December 31, 

2018. Since December 31, 2018 has 

passed, the continued use of an 

outdated label is no longer allowed. 

C. Part 173 

Section 173.4a 

Part 173 contains general 

requirements for shippers regarding 

shipments and packagings. Section 

173.4a prescribes transportation 

requirements for excepted packages. For 

consistency with the ICAO Technical 

Instructions, PHMSA proposes adding a 

new paragraph (g)(3) to require for air 

transport that the entire excepted 

quantity mark must be appear on one 

side of the package. For detail on the 

rationale for this proposed requirement, 

see Section 172.406 of the Section-bySection Review for discussion of the 

proposed requirement to display a mark 

on a single side. 

Section 173.14 

PHMSA proposes to add a new 

section, § 173.14, to provide exceptions 

from the HMR for certain devices or 

equipment containing hazardous 

materials that are in actual use or which 

are intended for use during transport. 

Examples of such devices include cargo 

tracking devices and data loggers 

attached to, or placed in, packages, 

overpacks, containers, or load 

compartments. These items often 

contain component hazardous materials, 

such as lithium batteries or fuel cells, 

necessary to power the device or 

equipment. The proposed exception 

would provide clarity for these types of 

devices which are not offered into 

transportation as part of the 

consignment but instead accompany it 

to collect or disseminate information 

during transport. Eligibility for the 

exceptions would be limited to 

equipment that meets conditional safety 

requirements. These include 

requirements that the component 

hazardous material (e.g., lithium 

batteries) meet the applicable 

construction and test requirements 

specified in the HMR, and that the 


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19 ICAO, Addendum No.1 to the 2021–2022 of the 

ICAO Technical Instructions for the Safe Transport 

of Dangerous Goods by Air (Dec. 31, 2020), https:// 

www.icao.int/safety/DangerousGoods/Addendum

Corrigendum%20to%20the%20Technical%20

Instructions/Doc%209284-2021-2022.Addendum

No1.en.pdf. 

20 ICAO, Addendum No.2 to the 2021–2022 of the 

ICAO Technical Instructions for the Safe Transport 

of Dangerous Goods by Air (Feb. 23, 2021),https:// 

www.icao.int/safety/DangerousGoods/Addendum

Corrigendum%20to%20the%20Technical%20

Instructions/Doc%209284-2021-2022.Addendum

No2.en.pdf. 

21Report of the ICAO Working Group 19 

(paragraph 3.2.11) (May, 2019), https://www.icao.

int/safety/Dangerousfxsp0;Goods/WG19/ 

DGPWG.19.fxsp0;WP.030.en.pdf. 22 76 FR 3308 (Jan. 19, 2011). 

equipment can withstand the shocks 

and vibrations normally encountered 

during transport. The equipment must 

also be safe for use in different 

environmental conditions that it may be 

exposed to during transport such as 

temperature variations, inclement 

weather, and conditions in which 

explosive atmospheres caused by gases, 

vapors, mists, or air/dust mixtures may 

occur. The proposed text also clarifies 

that the exceptions are not applicable 

when this type of equipment is itself 

offered as cargo such that normal HMR 

requirements pertaining to packaging, 

shipping papers, marking and labeling 

would apply. 

This proposed new section is 

consistent with provisions adopted in 

the UN Model Regulations and the 

IMDG Code. Additionally, in response 

to the ongoing global COVID–19 public 

health emergency, on December 

31,2020 19 and February 23, 2021,20

ICAO published addenda to the 2021– 

2022 Edition of the ICAO Technical 

Instructions to provide a limited 

exception for lithium battery-powered 

data loggers and cargo tracking devices 

to facilitate the transport and 

distribution of COVID–19 

pharmaceuticals, including vaccines. 

Specifically, the 2021–2022 ICAO 

Technical Instructions except these 

devices from lithium battery marking 

and documentation requirements when 

transported by aircraft. Consequently, 

PHMSA proposes exceptions in this 

section of the HMR to cover all modes 

of transportation for certain devices or 

equipment containing hazardous 

materials that are in actual use or which 

are intended for use during transport. 

However, the exceptions associated 

with aircraft transportation are limited 

to marking and documentation for 

lithium ion and lithium metal batterypowered devices or equipment that 

accompany shipments of COVID–19 

pharmaceuticals, including vaccines. 

PHMSA requests comments on whether 

this exception for air transport should 

be expanded to additional medical 

supplies not related to COVID–19 (e.g., 

other vaccines or more generally 

medicines). 

Section 173.27 

Section 173.27 provides the general 

requirements for transportation by 

aircraft. PHMSA proposes a number of 

corrections and revisions as follows: (1) 

Revise paragraph (c)(2) to clarify that all 

package types containing ‘‘UN3082, 

Environmentally hazardous substance, 

liquid, n.o.s.’’ are excepted from the 

pressure differential requirements and 

not only limited quantities; (2) revise 

the paragraph (f) introductory text to 

clarify the inner packaging quantity 

limits prescribed in Table 1 and Table 

2 apply to combination packages and 

not only to excepted quantity packages; 

(3) in paragraph (f)(3) Table 1 and Table 

2 add inner package limits for certain 

Class 9 HMT entries consistent with the 

ICAO Technical Instructions; and (4) in 

Table 1 and Table 2 remove the ‘‘no 

limit’’ quantity limits and add them to 

the paragraph (f) introductory text for a 

clearer description of the requirement 

for materials authorized to exceed 220 L 

or 200 kg in accordance with columns 

(9A) and (9B) of the 172.101 table. The 

2021–2022 edition of the ICAO 

Technical Instructions contains editorial 

corrections to exceptions for ‘‘UN3082, 

Environmentally hazardous substance, 

liquid, n.o.s.’’ from differential pressure 

testing requirements in Packing 

Instructions 964 and Y964 (limited 

quantity). When reviewing the clarifying 

editorial correction 21 to the ICAO 

exception, PHMSA found that although 

the same update is not needed in the 

HMR, the corresponding exceptions in 

§ 173.27 are not consistent with those 

provided for in the latest version of 

Packing Instructions 964 and Y964. 

PHMSA proposes revising § 173.27 to 

correct this discrepancy and align with 

the updated version of the ICAO 

Technical Instructions. 

In a previous final rule, HM–215K,22

PHMSA revised § 173.27 to align with 

the amendments made to the 2011–2012 

edition of the ICAO Technical 

Instructions. That earlier edition of the 

ICAO Technical Instructions had 

included exceptions applicable to 

UN3082 from the pressure differential 

requirements in Packing Instructions 

964 and Y964 for fully regulated and 

limited quantity packages. The 

exceptions were added because UN3082 

materials assigned to Class 9 do not 

meet the criteria for classification as any 

other hazard class or division and are 

classified as hazardous materials solely 

because of their risk to the environment 

(i.e., they are not capable of posing a 

risk to health, safety, or property when 

transported by air). When this exception 

was added in the HM–215K rulemaking, 

the text was placed in paragraph 

(f)(2)(vii), thereby inadvertently 

narrowing the exception to limited 

quantity materials. In the 2011–2012 

edition of the ICAO Technical 

Instructions that the HM–215K 

rulemaking intended to align with, the 

exception from the pressure differential 

requirements applied to both 

combination packagings in PI 964 and 

limited quantity packagings in PI Y964. 

Therefore, PHMSA proposes to amend 

paragraph (c)(2) to except shipments of 

‘‘UN3082, Environmentally hazardous 

substance, liquid, n.o.s.’’ from the 

pressure differential packaging 

requirements applicable for 

transportation by aircraft. This proposed 

change would align the pressure 

differential exceptions for UN3082 

material with those found in the ICAO 

Technical Instructions and excepts 

these shipments, in all authorized 

packaging types, from the pressure 

differential requirements in paragraph 

(c)(2). 

Further, PHMSA proposes to amend 

paragraph (f), which specifies 

requirements for combination 

packagings intended for transportation 

aboard an aircraft. A combination 

packaging, for transport purposes, 

consists of one or more inner packagings 

secured in a non-bulk outer packaging. 

Paragraph (f)(3) contains Table 1 and 

Table 2 indicating the maximum net 

capacity allowed for the inner 

packagings of the combination 

packaging on passenger-carrying and 

cargo aircraft, respectively. PHMSA 

proposes to revise paragraph (f) by 

moving the references to Table 1 and 

Table 2 from paragraph (f)(1), applicable 

to excepted quantities, to the paragraph 

(f) introductory text. The intent of this 

revision is to clarify that the inner 

packaging limits specified in paragraph 

(f)(3) Table 1 and Table 2 apply to all 

combination packages used to transport 

hazardous material by aircraft and not 

just to excepted packages (i.e., packages 

for which exceptions from certain 

provisions are provided in the HMR). As 

it currently reads, the instruction for all 

combination packagings is imbedded in 

the paragraph (f)(1), which outlines 

provisions for excepted packages, thus 

making it appear that Tables 1 and 2 

apply only to excepted packages. 

Correcting the reference in paragraph (f) 

would provide regulatory clarity by 

properly aligning packaging limits in 


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the HMR with the ICAO Technical 

Instructions. 

Additionally, the first column of 

Tables 1 and 2 provides the maximum 

net quantity per package from Column 

(9A) of the HMT. PHMSA proposes to 

replace the rows in Tables 1 and 2 

noting that there are no maximum net 

capacity limits for quantities greater 

than 220 L for liquids and greater than 

200 kg for solids with an instruction in 

the revised paragraph (f) introductory 

text conveying the same information. 

Finally, PHMSA discovered that for 

certain Class 9 (miscellaneous 

hazardous) materials, the authorized 

inner packaging limit in the ICAO 

Technical Instructions is greater than 

the limit currently allowed in Tables 1 

and 2 at § 173.27(f)(3). Therefore, 

PHMSA proposes to revise paragraph 

(f)(3), Table 1 and Table 2 to address 

this inconsistency with the ICAO 

Technical Instructions. Specifically, 

PHMSA proposes to revise, for 

consistency with the inner packaging 

limits provided in Packing Instructions 

956, 958, and 964 of the ICAO Technical 

Instructions, inner packaging net 

capacity limits for the following Class 9 

materials: 

• UN1841 Acetaldehyde ammonia 

• UN1931 Zinc dithionite or Zinc 

hydrosulphite 

• UN1941 Dibromodifluoromethane 

• UN1990 Benzaldehyde 

• UN2071 Ammonium nitrate fertilizers 

• UN2216 Fish meal, stabilized or Fish 

scrap, stabilized 

• UN2315 Polychlorinated biphenyls, 

liquid 

• UN2590 Asbestos, chrysotile 

• UN2969 Castor beans or Castor flake 

or Castor meal or Castor pomace 

• UN3077 Environmentally hazardous 

substance, solid, n.o.s. 

• UN3082 Environmentally hazardous 

substance, liquid, n.o.s. 

• UN3151 Polyhalogenated biphenyls, 

liquid or Polyhalogenated terphenyls, 

liquid or Halogenated 

monomethyldiphenylmethanes, 

liquid 

• UN3152 Polyhalogenated biphenyls, 

solid or Polyhalogenated terphenyls, 

solid or Halogenated 

monomethyldiphenylmethanes, solid 

• UN3334 Aviation regulated liquid, 

n.o.s. 

• UN3335 Aviation regulated solid, 

n.o.s. 

• UN3432 Polychlorinated biphenyls, 

solid 

These materials have a history of safe 

transport under less restrictive inner 

packaging limits in accordance with the 

ICAO Technical Instructions. The 

proposed revisions would offer shippers 

greater flexibility in packaging options 

to transport these materials without a 

degradation of safety. 

Section 173.59 

Section 173.59 provides informational 

descriptions of terms for explosives. 

PHMSA proposes to amend the 

description of the term ‘‘detonators’’ to 

include a reference to electronic 

programmable detonators. Additionally, 

PHMSA proposes to add a separate term 

and description for ‘‘Detonators, 

electronic programmable for blasting.’’ 

These changes correspond to the 

proposed addition of the UN0511, 

UN0512, and UN0513 (Detonators, 

electronic programmable for blasting) to 

the HMT. PHMSA intends to 

distinguish between ‘‘electronic 

detonators’’ and ‘‘electric detonators,’’ 

as each has different design 

characteristics, by adding these new 

entries in the HMT and the editorial 

amendments in § 173.59. PHMSA 

expects this additional precision in 

shipping descriptions will provide a 

safety benefit. See § 172.101 of the 

Section-By-Section Review for 

additional discussion on electric and 

electronic detonators. 

Section 173.115 

Section 173.115 outlines classification 

criteria for Class 2 (gas) materials. 

PHMSA proposes to update the version 

of ISO 10156:2010, ‘‘Gases and gas 

mixtures—Determination of fire 

potential and oxidizing ability for the 

selection of cylinder valve outlets,’’ that 

is incorporated by reference in 

paragraph (k), which specifies how the 

oxidizing ability of a Division 2.2 (nonflammable) gas should be calculated. 

Currently the HMR incorporates by 

reference the 2010 edition of this ISO 

standard and its associated technical 

corrigendum in § 171.7. As part of ISO’s 

regular periodic review of each 

standard, ISO standard 10156:2010 was 

reviewed and updated and a new 

revised ISO 10156:2017 was published 

September 2017. The 2017 edition 

supersedes and replaces ISO 

10156:2010, which had been technically 

revised through ISO 10156:2010/Cor 

1:2010. PHMSA now proposes to update 

the incorporation by reference of ISO 

10156, to the 2017 edition. The updated 

document includes technical revisions 

pertaining to the flammability of gases 

and gas mixtures in air as well as a new 

calculation method for determining the 

lower flammability limit of gas 

mixtures. PHMSA reviewed the 

calculation method and agrees that it 

will assist shippers in properly 

classifying a Division 2.2 gas, without 

introducing any adverse safety risks. 

Therefore, PHMSA proposes to 

incorporate by reference ISO 

10156:2017 in § 173.115(k). 

Section 173.134 

Section 173.134 provides 

classification criteria and exceptions for 

Division 6.2 infectious substances. 

PHMSA proposes to revise paragraph (a) 

to include references to ‘‘UN3549, 

Medical Waste, Category A, Affecting 

Humans, solid or Medical Waste, 

Category A, Affecting Animals only, 

solid.’’ Specifically, paragraphs (a)(1), 

(a)(1)(i), and (a)(5) would be revised by 

including UN3549 among the list of UN 

numbers to use for description of an 

infectious substance. These proposed 

changes are consistent with the 

proposed addition of this new 

hazardous materials description to the 

HMT. 

Additionally, PHMSA proposes to 

remove the term rickettsiae from the list 

of types of microorganisms in paragraph 

(a)(1). Rickettsiae are a specific group of 

bacteria, and this specific type of 

bacteria is redundant because bacteria 

are already listed as a type of potential 

pathogenic microorganism. 

Section 173.137 

Section 173.137 prescribes the 

requirements for assigning a PG to Class 

8 (corrosive) materials. The HMR 

requires offerors to classify Class 8 

material and assign a PG based on tests 

conducted in accordance with the OECD 

Guidelines for the Testing of Chemicals. 

One of the tests currently authorized in 

the HMR is the 2015 OECD Guideline 

for the Testing of Chemicals ‘‘Test No. 

431: In vitro skin corrosion: 

reconstructed human epidermis (RHE) 

test method’’ which may be used to 

determine that a material is not 

corrosive to human skin. PHMSA 

proposes to incorporate by reference the 

2016 version of OECD Guidelines for the 

Testing of Chemicals ‘‘Test No. 431: In 

vitro skin corrosion: reconstructed 

human epidermis (RHE) test method.’’ 

This document was updated to 

introduce sub-categorization for skin 

corrosion and adopted by the OECD in 

2013 and further revised in 2014, 2015, 

and 2016, as Guidelines for the Testing 

of Chemicals ‘‘Test No. 431: In vitro skin 

corrosion: reconstructed human 

epidermis (RHE) test method.’’ 

According to the OECD, this updated 

test method permits subcategorization of 

corrosive chemicals into three 

categories: sub-category 1A and subcategory 1B/C, which correspond to PG 

I, PG II, and PG III, respectively. 

However, prior to the 2016 edition of 

the OECD Guidelines, the ability to 

clearly distinguish between PG II and 


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23Rechargeable Battery Association (PRBA) & the 

Advanced Rechargeable & Lithium Batteries 

Association (RECHARGE), Proposal on the 

Dimensions of the Lithium Battery Mark Submitted 

to the UN Subcommittee of Experts on the 

Transport of Dangerous Goods at the 54th Session 

(Dec. 3, 2018), https://www.unece.org/fileadmin/ 

DAM/trans/doc/2018/dgac10c3/UN-SCETDG-54- 

INF55.e.pdf. 

PG III had previously never been 

formally evaluated or validated due to 

the lack of high quality reference in vivo 

data against which to benchmark the in 

vitro results. 

Changes to the UN Model Regulations 

were made as a result of the additional 

level of sub-categorization and 

differentiation that is possible using this 

updated test method. Accordingly, 

PHMSA also proposes to allow 

corrosive materials that are tested using 

OECD Guidelines for the Testing of 

Chemicals Test No. 431 to be assigned 

to PG II without further in vivo testing 

if the test method does not clearly 

distinguish between PG II or PG III. 

Since the packing group assignment 

indicates the required level of packaging 

according to the degree of danger 

presented by hazardous materials, this 

would relegate corrosive material that 

cannot be clearly distinguished between 

a medium danger PG II and a low 

danger PG III to be subject to the more 

conservative packaging requirement 

associated with PG II material unless 

additional testing is conducted. PHMSA 

anticipates that the use of the 2016 

version of the OECD Guidelines for the 

Testing of Chemicals Test No. 431 will 

benefit shippers of potential corrosives 

by clarifying corrosivity determinations 

or exclusions, and eliminating excessive 

testing to distinguish between PG II and 

PG III. 

The proposed regulatory text 

references OECD Guidelines for the 

Testing of Chemicals Test No. 404, 430, 

and 435, which are already approved for 

incorporation by reference in this 

section, and no change is proposed for 

these standards. 

Section 173.172 

Section 173.172 specifies the 

eligibility conditions for exception from 

packaging requirements for certain fuel 

tanks used on aircraft hydraulic power 

units. PHMSA proposes editorial 

changes to these provisions to clarify 

packaging limits for the fuel tanks that 

power hydraulic power units. The fuel 

tanks addressed in this section are 

comprised of a primary containment for 

the fuel in the hydraulic power unit. 

The primary containment must consist 

of a welded aluminum bladder as well 

as an outer vessel, which is packed in 

non-combustible cushioning material in 

a strong, tightly-closed metal outer 

packaging. Currently paragraphs (a) and 

(b) of this section state that the 

‘‘Maximum quantity of fuel per unit and 

package is 42 L (11 gallons).’’ PHMSA 

proposes to replace the word ‘‘unit’’ in 

this sentence in paragraphs (a) and (b) 

with the word ‘‘primary containment’’ 

for consistency with the second 

sentence of each paragraph which states 

that the ‘‘primary containment of the 

fuel within this vessel must consist of 

a welded aluminum bladder having a 

maximum internal volume of 46 L (12 

gallons).’’ These editorial revisions to 

clarify that the maximum quantity of 

fuel authorized applies to both the fuel 

within the vessel and completed 

package (primary containment) rather 

than the hydraulic power unit itself. 

This change would align the language 

for this packaging exception in the HMR 

with the language that was similarly 

amended in the 2021–2022 ICAO 

Technical Instructions and the 21st 

revised edition of the UN Model 

Regulations. PHMSA does not expect 

this change to adversely affect safety 

benefits. 

Section 173.181 

Section 173.181 prescribes packaging 

requirements for liquid pyrophoric 

materials. Specifically, § 173.181 

provides the requirements on closures 

for metal or glass receptacles when used 

as inner packagings (i.e., receptacles) in 

combination packagings. The UN Model 

Regulations contains Packing 

Instruction P404 which includes 

provisions for resealing inner 

receptacles with threaded closures. 

Currently, § 173.181 does not include 

provisions for resealing of inner 

receptacles with threaded closure. The 

safety concern when resealing inner 

receptacles that contain liquid 

pyrophoric materials is that small 

amounts of residue may adhere to the 

threads and present a hazard upon 

closing of the inner packaging and that 

friction generated from screwing the cap 

back onto the receptacle may cause the 

residue to react critically (e.g., selfheating or spontaneous combustion). 

Based on this concern, the UN Model 

Regulations now permit closures of 

inner receptacles to be either threaded 

or physically held in place by any 

means capable of preventing back-off or 

loosening of the closure under 

conditions normally incident to 

transportation (e.g., vibration during 

transport). PHMSA is also concerned 

about this potential hazard and 

proposes to authorize an alternative 

method of closure to prevent this 

potential hazard. Therefore, PHMSA 

proposes to revise the requirements of 

§ 173.181 for closures of inner 

packagings for liquid pyrophoric 

materials to specify that they may have 

closures that are physically held in 

place by any means capable of 

preventing back-off or loosening during 

transportation. 

Section 173.185 

Section 173.185 prescribes 

requirements for transportation of 

lithium cells and batteries. Paragraph (c) 

prescribes requirements for smaller cells 

or batteries and paragraph (c)(3) 

specifies hazard communication 

requirements including the use of the 

lithium battery mark. PHMSA proposes 

to revise the minimum size of the 

lithium battery mark from 120 

millimeters (mm) wide by 110 mm high 

to 100 mm by 100 mm. This reduction 

in size requirements for this mark 

would be consistent with the existing 

minimum size requirements for the 

limited quantity and excepted quantity 

marks in the HMR (see §§ 172.315 & 

173.4a) and does not diminish the 

ability to read or recognize the marking. 

The reference to the shape of the mark 

would be amended to include ‘‘square’’ 

to account for the new minimum 

dimensions while also maintaining the 

existing shape of a ‘‘rectangle’’ to 

continue authorized use of the lithium 

battery mark with 120 mm by 110 mm 

dimensions. In addition, the minimum 

size of the lithium battery mark for 

packages too small to display the 

revised 100 mm by 100 mm dimensions, 

would be revised from 105 mm wide by 

74 mm high to 100 mm wide by 70 mm 

high. Additionally, an informal working 

paper 23 submitted to the 54th Session of 

the UNSCOE noted that due to the large 

volume of lithium batteries shipped in 

small packages, the reduction in the size 

of the mark could reduce the quantity of 

packagings produced and consequently 

the quantity of empty packagings sent 

for disposal or recycling. This proposed 

minimum size would not invalidate use 

of larger marks meeting the currently 

authorized minimum size requirements. 

Section 173.187 

Section 173.187 prescribes packaging 

requirements and other provisions for 

‘‘pyrophoric solids, metals, or alloys, 

n.o.s.’’ The 21st revised edition of the 

UN Model Regulations includes an 

amendment to Packing Instruction P404 

to address concerns with threaded 

closures when resealing inner 

receptacles after partial removal of 

product. The amendment addresses 

small amounts of residue of pyrophoric 

materials that may adhere to the threads 

and present a hazard upon closing of an 


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inner receptacle. As with liquid 

pyrophoric materials, discussed above, 

there is concern that friction generated 

from screwing the cap back onto the 

inner receptacle may cause the residue 

to react critically (e.g., self-heating or 

spontaneous combustion). Based on this 

concern, the UN Model Regulations now 

allow closures of inner receptacles to be 

either threaded or physically held in 

place by a means capable of preventing 

back-off or loosening of the closure 

under conditions normally incident to 

transportation (e.g., impact or vibration 

during transport). 

After reviewing this issue, PHMSA is 

also concerned about this potential 

hazard and proposes to amend § 173.187 

to authorize an alternate method of 

closure to prevent this potential hazard. 

Specifically, PHMSA proposes to revise 

the requirements for closures of inner 

receptacles for solid pyrophoric 

materials to specify that they may have 

threaded closures or other closures that 

are physically held in place by a means 

capable of preventing back-off or 

loosening. 

Section 173.199 

Section 173.199 prescribes the 

packaging requirements for Division 6.2, 

Category B infectious substances. 

Consistent with the ICAO Technical 

Instructions, PHMSA proposes to revise 

paragraph (a)(5) to require that for air 

transport the entire UN3373 mark must 

appear on one side of the package. 

PHMSA expects that placing marks on 

a single side of a package will provide 

increased visibility of hazard 

communication on the smaller package 

types that are frequently used in air 

transport. These measures would also 

reduce ambiguity for air operator 

employees conducting acceptance 

checks as to whether the package 

appropriately indicates the hazards 

without having to make a subjective 

determination. Regarding the Category B 

infectious substance mark, the proposal 

would help ensure that any packages 

containing infectious substances, 

including COVID–19 materials, have 

appropriate visibility and thus, ensure 

the safe transport of such materials. For 

details on the rationale for this proposed 

requirement, see the discussion of 

§ 172.406 in the Section-By-Section 

Review. 

Section 173.218 

Section 173.218 contains packaging 

and product stabilization requirements 

for transporting stabilized fish meal or 

fish scrap (UN2216) as a Class 9 

material. Currently, the provisions of 

this section are limited to shipments by 

vessel; however, PHMSA proposes to 

revise this provision to authorize the 

transport of this material by air. This 

change responds to changes in the fish 

meal or fish scrap market which has 

experienced an increased demand for 

more timely shipments of samples of 

this item for evaluation by potential 

purchasers. Adding provisions to permit 

shipment by air, rather than limiting to 

shipment by vessel, would relieve 

frustration in the market for fish meal or 

fish scrap by allowing shipments of 

small amounts of this material to be 

expedited by air. This change is 

consistent with amendments adopted in 

the 2021–2022 version of the ICAO 

Technical Instructions, which have been 

revised to allow the transport by air of 

non-bulk packages of fish meal or fish 

scrap, subject to quantity limitations 

and stabilization requirements. 

As proposed, UN2216 material would 

be permitted on passenger aircraft and 

cargo aircraft in amounts up to 100 kg 

and 200 kg, respectively, and in UN 

performance packaging that aligns with 

the ICAO Technical Instructions. 

Additionally, to ensure the safe 

transport of this material by air, PHMSA 

proposes adding stabilization 

requirements similar to those that are in 

place for shipments by vessel. PHMSA 

proposes fish meal or fish scrap 

transported by air must have been 

stabilized at production, and within the 

twelve months prior to transportation. 

Given the safeguard provided by 

stabilization of this material prior to 

transportation, as well as the proposed 

packaging and quantity restrictions, 

PHMSA expects that there will be no 

degradation of transportation safety in 

authorizing air transportation. 

In addition to adding these 

stabilization requirements for air 

transportation, PHMSA proposes 

amending the stabilization requirements 

that are currently in place for vessel 

shipments. The HMR currently requires 

shipments of fish meal or fish scrap by 

vessel to contain at least 50 parts per 

million (ppm) (mg/kg) of ethoxyquin, 

100 ppm (mg/kg) of butylated 

hydroxytoluene (BHT) or 250 ppm (mg/ 

kg) of tocopherol based antioxidant at 

the time of shipment for bulk shipments 

when transported in freight containers. 

PHMSA proposes extending these 

stabilization requirements to all vessel 

shipments, as required by the IMDG 

Code. While the change in language 

would make the stabilization 

requirement more widely applicable, 

PHMSA expects that the impact on the 

regulated community will be minimal as 

fishmeal and fish scrap shipments 

offered for transport (in non-bulk and 

bulk) are already typically treated with 

quantities of stabilizer (antioxidants) 

well above the minimum amounts 

currently shown in section § 173.218 as 

common industry practice. 

Section 173.221 

Section 173.221 prescribes 

transportation requirements and 

exceptions therefrom for ‘‘UN2211, 

Polymeric beads expandable’’ and 

‘‘UN3314, Plastic molding compound,’’ 

which are both Class 9 (miscellaneous) 

materials. Historically, transportation of 

these materials has been limited to 

single packagings under both the HMR 

and in Packing Instruction 957 of the 

ICAO Technical Instructions. However, 

these limitations are inconsistent with 

the UN Model Regulations and the 

general provisions of the ICAO 

Technical Instructions, which permit 

combination packagings when single 

packagings are authorized. These 

packagings are constructed with inner 

packagings made of glass, plastic, metal, 

paper, or fiber and with outer 

packagings utilizing drums, boxes, and 

jerricans made of various materials. This 

conflict in permitted packagings has 

been corrected in the most recent 

edition of the ICAO Technical 

Instructions. 

PHMSA finds that allowing 

combination packaging for these Class 9, 

low hazard materials is consistent with 

general packaging authorizations 

throughout the HMR. In general, 

combination packaging is allowed for 

materials that are more hazardous as 

long as the minimum packaging 

performance requirements are achieved. 

Single packaging and combination 

packaging are subject to the same 

performance standards, meaning an 

equivalent level of safety is achieved. 

Therefore, PHMSA proposes conforming 

changes to § 173.221 to allow the use of 

combination packagings (i.e., 

packagings that use a combination of 

inner and outer packagings for 

containment) for these materials. This 

change would provide packaging 

selection flexibility as well as 

consistency with UN Model Regulations 

and revised ICAO Technical 

Instructions without any impact on safe 

transport of these materials. 

Section 173.222 

Section 173.222 specifies the nonbulk packaging requirements for 

‘‘UN3363, Dangerous goods in 

machinery or apparatus.’’ As discussed 

in connection to proposed changes to 

§ 172.101, PHMSA proposes to modify 

the proper shipping name associated 

with UN3363 to include ‘‘dangerous 

goods in articles,’’ in addition to 

‘‘dangerous goods in machinery or 

apparatus.’’ In the HM–215O final rule, 


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PHMSA added new entries for articles 

containing hazardous materials that are 

not otherwise specified by name in the 

HMT (e.g., ‘‘UN3547, Articles 

containing corrosive substance, n.o.s.’’). 

These new entries addressed 

transportation scenarios where various 

hazardous materials or residues are 

present in articles above the quantities 

currently authorized for machinery or 

apparatus transported as ‘‘UN3363, 

Dangerous goods in machinery or 

Dangerous goods in apparatus.’’ In 

addition to adding these new entries to 

the HMT, PHMSA added packaging 

provisions in § 173.232, as well as a 

definition for articles. The definition 

states that ‘‘article means machinery, 

apparatus, or other devices containing 

one or more hazardous materials (or 

residues thereof) that are an integral 

element of the article, necessary for its 

functioning, and that cannot be removed 

for the purpose of transport.’’ This 

addition created regulatory 

discrepancies between articles that 

cannot be defined as machinery or 

apparatus but also do not qualify as 

‘‘Articles containing hazardous 

materials, n.o.s.’’ even as there is no 

safety basis to exclude such articles 

from the scope of § 173.222 provisions. 

Therefore, PHMSA proposes to revise 

the provisions in § 173.222 to reflect the 

addition of dangerous goods in articles 

to the current HMT entry for ‘‘UN3363, 

Dangerous Goods in Machinery or 

Dangerous Goods in Apparatus’’ as 

discussed in connection with the 

proposed changes to § 172.101 above. 

These proposed changes are intended to 

provide flexibility in the choice of the 

most appropriate modifier to be selected 

as a proper shipping name (e.g., article, 

machinery, or apparatus). This 

flexibility in selecting the most 

appropriate description of the 

hazardous material would help ensure 

appropriate packaging selection and 

hazard communication, thus enhancing 

safety. 

Section 173.225 

Section 173.225 prescribes packaging 

requirements and other provisions for 

organic peroxides. As a result of new 

peroxide formulations becoming 

commercially available, the 21st revised 

edition of the UN Model Regulations 

includes updates to the list of identified 

organic peroxides and new packing 

instructions for these materials. To 

maintain consistency with the UN 

Model Regulations, PHMSA proposes to 

update the Organic Peroxide Table in 

§ 173.225(c) to revise the entry ‘‘Di-(4- 

tert-butylcyclohexyl) peroxydicarbonate 

[as a paste],’’ by (1) changing the 

classification of the material as 

‘‘UN3116, Organic peroxide type D, 

solid, temperature controlled’’ to 

‘‘UN3118, Organic peroxide type E, 

solid, temperature controlled’’; and (2) 

changing the packing method from OP7 

to OP8. 

An organic peroxide Type D is an 

organic peroxide that: (1) Detonates only 

partially, but does not deflagrate rapidly 

and is not affected by heat when 

confined; (2) does not detonate, 

deflagrates slowly, and shows no violent 

effect if heated when confined; or (3) 

does not detonate or deflagrate, and 

shows a medium effect when heated 

under confinement. An organic 

peroxide Type E is an organic peroxide 

which neither detonates nor deflagrates 

and shows low or no effect when heated 

under confinement. Di-(4-tertbutylcyclohexyl) peroxydicarbonate was 

identified as a Type E organic peroxide 

based on evaluation of new test data 

within the classification scheme for selfreactives and organic peroxide in Figure 

20.1 of the UN Model Regulations. 

Finally, PHMSA proposes to revise the 

packing method from OP7 to OP8 

consistent with the revised 

classification of Di-(4-tertbutylcyclohexyl) peroxydicarbonate to a 

lesser hazard Type E organic peroxide. 

The packaging method indicates the 

largest size authorized for packaging of 

a particular organic peroxide. 

Specifically, for Di-(4-tertbutylcyclohexyl) peroxydicarbonate, 

assignment of OP8 would allow up to 

400 kg for solids and combination 

packagings, and up to 225 L for liquids. 

See Section 173.225 Section-by-Section 

Review for further detail of packing 

methods for organic peroxides. 

PHMSA also proposes to revise the 

Organic Peroxide IBC Table in 

paragraph (e) to maintain alignment 

with the 21st revised edition of UN 

Model Regulations by adding new 

entries for ‘‘tert-Amyl peroxypivalate, 

not more than 42% as a stable 

dispersion in water’’ and ‘‘tert-Butyl 

peroxypivalate, not more than 42% in a 

diluent type A’’ and identifying it as 

‘‘UN3119, Organic peroxide type F, 

liquid, temperature controlled.’’ 

PHMSA expects that adding provisions 

for the transport of these newly 

available peroxide formulations will 

allow better oversight for safe and 

consistent shipment of these hazardous 

materials. 

Section 173.301B 

Section 173.301b outlines additional 

general requirements when shipping 

gases in UN pressure receptacles (e.g., 

cylinders). Paragraph (a)(2) of this 

section requires that the gases or gas 

mixtures be compatible with the UN 

pressure receptacle and valve materials 

prescribed for metallic materials in ISO 

11114–1:2012(E), Gas cylinders— 

Compatibility of cylinder and valve 

materials with gas contents—Part 1: 

Metallic materials. This document 

provides compatibility requirements for 

the selection of combinations of metallic 

cylinder and valve materials for use 

with gas or gas mixtures. In the interest 

of providing uniformity with regard to 

reference standards used domestically 

and internationally, PHMSA proposes to 

revise the compatibility requirements to 

include a reference to the 2017 

amendment (ISO 11114–1:2012/Amd 

2017(E)), which ISO published as a 

supplement to ISO 11114–1:2012(E). 

This supplement provides enhanced 

instructions on the permissible 

concentrations of certain gases to ensure 

safe transport of a wider variety of gases 

in newly developed types of metallic 

cylinders and valves. 

Second, PHMSA proposes to revise 

paragraph (c)(1), which specifies valve 

requirements for pressure receptacles. 

Currently in the HMR, paragraph (c)(1) 

requires valves for pressure receptacles 

(excluding quick release cylinder 

valves, which must conform to the 

requirements in ISO 17871:2015(E)) to 

conform to various editions of ISO 

10297, ‘‘Gas cylinders—Cylinder 

valves—Specification and type testing’’, 

including the 1999, 2006 and 2014 

editions. ISO 10297:2014 specifies 

design, type testing, and marking 

requirements for certain cylinder valves 

intended to be fitted to refillable 

transportable gas cylinders which 

convey compressed, liquefied or 

dissolved gases. PHMSA proposes to 

modify the valve requirements in this 

paragraph such that when the use of a 

valve is prescribed, the valve must 

conform to the requirements of ISO 

10297:2014 as well as the supplemental 

amendment, ISO 10297:2014/Amd 

1:2017. ISO 10297:2014/Amd 1:2017 

corrects errors in ISO 10297:2014 and 

also includes modifications for valves 

for tubes and pressure drums. For 

consistency with the UN Model 

Regulations, PHMSA also proposes to 

add a sunset date of December 31, 2022, 

for the authorization of the use of ISO 

10297:2014 when not used in 

conjunction with the supplemental 2017 

amendment. PHMSA has reviewed this 

supplemental amendment as part of its 

regular participation in the review of 

amendments proposed for the UN 

Model Regulations and does not expect 

any degradation of safety standards in 

association with the use of these two 

documents. 

Lastly, paragraph (c)(2) of this section 

outlines certain requirements for valves 


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24See, e.g., Special Permit 20876 (Apr. 21, 2021), 

https://cms7.phmsa.dot.gov/approvals-andpermits/hazmat/file-serve/authorization/ 

2019045387_SP20876.pdf/2019045387/SP20876. 

on UN pressure receptacles. 

Specifically, by following one of the 

listed methods or standards in this 

paragraph, valves are required to be 

protected from damage that could cause 

inadvertent release of their contents. 

PHMSA proposes to introduce an 

additional option by allowing the use of 

valves designed and constructed in 

accordance with Annex A of ISO 

17879:2017 for UN pressure receptacles 

with self-closing valves with inherent 

protection (except those in acetylene 

service). Annex A of ISO 17870:2017 is 

a new standard which establishes 

design, type testing, marking, and 

manufacturing tests and examination 

requirements for self-closing valves 

fitted to refillable transportable gas 

cylinders conveying compressed, 

liquefied, or dissolved gases (other than 

acetylene). PHMSA has determined that 

incorporating ISO 17879 fulfills the 

need for a standard that governs selfclosing valves on cylinders, which are 

typically used in the calibration, 

beverage, and medical gas industries 

and mirrors requirements for impact 

testing and burst testing specified in ISO 

10297. PHMSA has experience with 

permitting the use of valves constructed 

to ISO 17879 through special permit,24

which has occurred without incident 

since 2019. Incorporating this ISO 

standard would eliminate the need and 

associated burden for manufacturers to 

request a special permit to use the 

valves as they become more widely 

transported as a result of their 

authorization by other competent 

authorities. 

The proposed regulatory text 

references the following standards that 

are already approved for incorporation 

by reference in this section and no 

change is proposed for these standards: 

ISO 11114–1:2012(E); ISO 11114– 

2:2013; ISO 10297:2014; ISO 

17871:2015; ISO 11117:2008 and 

Technical Corrigendum 1; ISO 

11117:1998; ISO 16111:2008. 

Section 173.304B 

Section 173.304b contains 

requirements for shipment of liquefied 

compressed gases in UN pressure 

receptacles. In this section, paragraph 

(b) describes the filling limits for UN 

pressure receptacles expressed in terms 

of ‘‘filling ratio,’’ or the ratio of the mass 

of gas in the cylinder compared to the 

water capacity of the cylinder. 

Paragraph (b)(2) of this section provides 

the maximum allowable filling limits for 

low pressure liquefied gases. As 

currently provided in paragraph (b) of 

173.304b, the term ‘‘filling factor’’ is 

currently used to describe the filling 

limit in terms of the maximum mass of 

contents in kg of the gas per liter of 

water capacity, which is intended to 

have the same meaning as the ‘‘filling 

ratio.’’ To increase clarity of the HMR, 

PHMSA proposes to revise paragraph 

(b)(2) by deleting the term ‘‘filling 

factor’’ and only using the performance 

standard of ‘‘maximum mass of contents 

per liter of water capacity’’ so that this 

is not misunderstood as being different 

from the defined term ‘‘filling ratio.’’ 

This change is consistent with the same 

editorial correction made is the 21st 

revised edition of the UN Model 

Regulations. The term ‘‘filling factor’’ is 

used in the context of the UN Model 

Regulations and could be 

misunderstood as being different from 

the defined term ‘‘filling ratio.’’ PHMSA 

expects that clarifying the language 

pertaining to the filling ratio will 

provide a safety benefit by eliminating 

confusion about the definition of the 

term ‘‘filing factor’’ or ‘‘filing ratio.’’ 

Section 173.306 

Section 173.306 provides exceptions 

from HMR requirements for 

transportation of limited quantities of 

compressed gases. Paragraph (f) of this 

section provides exceptions for the 

transportation of accumulators, which 

are transported under ‘‘UN3164, 

Articles, pressurized pneumatic or 

hydraulic.’’ Accumulators are devices in 

which a fluid is kept under pressure as 

a means of storing energy. PHMSA 

proposes to revise paragraphs (f)(2) and 

(f)(3) to allow robust accumulators to be 

transported unpackaged, in crates, or in 

overpacks that provide equivalent 

protection to the hazardous material 

being transported. The term robust is 

used to describe articles that are strong 

enough to withstand the shocks and 

loadings normally encountered during 

transport, including trans-shipment 

between cargo transport units and 

between cargo transport units and 

warehouses, as well as any removal 

from a pallet for subsequent manual or 

mechanical handling. PHMSA expects 

that the proposed amendments will 

increase flexibility for shippers and 

harmonize with revisions to the UN 

Model Regulations which limits the 

packaging required for ‘‘UN3164, 

Articles, pressurized pneumatic or 

hydraulic’’ when afforded equivalent 

protection by the article being 

transported. 

Additionally, PHMSA proposes to 

add a new paragraph (n) to include 

provisions for the transport of ‘‘UN2037, 

Receptacles, small, containing gas or gas 

cartridges’’ for recycling or disposal. 

These proposed provisions include 

packaging requirements, conditions for 

exception, and maximum gross weight 

limits, applicable to small receptacles or 

cartridges containing gas not exceeding 

1.0 L (0.3 gallons) capacity. PHMSA 

expects that codifying these provisions 

will create a regulatory framework for 

transporting these materials for 

recycling or disposal and reduce the 

administrative burden that would 

otherwise apply to fully regulated gas 

receptacles. Further, reducing this 

administrative burden may lead to other 

environmental benefits by facilitating 

shipments destined for recycling or 

disposal. PHMSA solicits comments on 

the need to expand these provisions to 

other types of authorized packagings 

mentioned in this section. 

Section 173.335 

Section 173.335 specifies packaging 

requirements for hazardous materials 

transported as chemicals under pressure 

(e.g., ‘‘UN3500, Chemical under 

pressure, n.o.s.’’). Chemicals under 

pressure are regulated as gases but differ 

in that they are liquids, pastes, or 

powders, and pressurized with a 

propellant that meets the definition of a 

gas in § 173.115. Materials transported 

under UN3500 may include those that 

are widely used in fire suppression 

systems and other items used for fire 

control. 

PHMSA proposes to provide an 

extended periodic inspection period for 

cylinders containing fire extinguishing 

agents transported under UN3500. This 

amendment would be consistent with a 

new special packing provision, PP97, 

added in the 21st revised edition of the 

UN Model Regulations to provide a test 

period of 10 years for tubes (cylinders) 

that have a capacity of 450 L or less and 

that are filled with fire extinguishing 

agents. The intent of this change was to 

resolve the discrepancy in inspection 

periods between (1) gas-filled cylinders 

intended for installation in fire 

suppression systems and (2) cylinders 

used for the same purpose, but which 

contain a fire extinguishing agent (e.g., 

a liquid) in combination with a gas used 

as a propellant. Gases transported under 

‘‘UN1956, compressed gas n.o.s.’’ have a 

maximum test period for periodic 

inspection of 10 years, whereas the 

maximum test period for UN3500, 

chemical under pressure, n.o.s.’’ is only 

five years. However, the updated UN 

Model Regulations extended the 

inspection period for cylinders 

containing fire extinguishing agents 

transported under UN3500 because they 

are typically (1) inert chemicals with no 


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25 85 FR 85380 (Dec., 28, 2020). 

26 DOT Special Permit 21021 (May 29, 2020), 

https://www.phmsa.dot.gov/approvals-and-permits/ 

hazmat/file-serve/offer/SP21021.pdf/2020034999/ 

SP21021. 27PHMSA notes that, apart from the revisions to 

§ 175.10 of the HMR proposed here, transportation 

of aerosols in carry-on baggage and for any other 

purpose may be subject to limitations imposed by 

other regulators, including (but not limited to) the 

Transportation Security Administration. 

subsidiary risks and (2) they are 

typically filled at lower pressures than 

cylinders containing UN1956 materials. 

Additionally, these fire extinguishing 

materials and devices are maintained 

and stored in a manner that minimizes 

the degradation of the cylinder (e.g., in 

protected indoor environments). 

A recent PHMSA rulemaking, HM– 

234,25 broadened the scope of cylinders 

eligible to be classified as ‘‘UN1044, fire 

extinguishers’’ and the intent was to 

permit cylinders charged with fire 

extinguishing agents intended for use in 

fire suppression systems to be described 

and transported under ‘‘UN1044, fire 

extinguishers.’’ However, cylinders 

charged solely with a compressed gas or 

liquefied gas and used in a fire 

suppression system solely to expel a 

separately stored extinguishing agent 

are not eligible for transportation under 

UN1044. Furthermore, with respect to 

the UN Model Regulations, cylinders 

charged with a fire extinguishing agent 

and intended for use in a fire 

suppression are specifically excluded 

from transportation as ‘‘UN1044, fire 

extinguisher.’’ Therefore, while HM–234 

added provisions that may allow 

hazardous materials in cylinders that 

have historically been described and 

transported as UN1956 or UN3500 to be 

transported as ‘‘UN1044, fire 

extinguisher’’, amending § 173.335 is 

still necessary to maintain alignment 

with the UN Model Regulations because 

the UN Model Regulations still do not 

allow cylinders intended for use in fire 

suppression systems to be transported 

under UN1044. 

Because of this conflict in 

classification for similar items, PHMSA 

proposes to extend the periodic 

inspection period for cylinders 

containing gases or liquid/gas mixtures 

that are used as fire extinguishing agents 

under UN3500, to facilitate 

international shipment of these items by 

aligning the § 173.335 periodic 

inspection requirements with the 

periodic inspection period adopted in 

the UN Model Regulations. Recognizing 

that these items UN3500 and UN1044 

are functionally the same but classified 

differently outside of the United States, 

PHMSA expects that establishing 

parallel inspections periods for similar 

items will facilitate international 

movement and continued use of these 

cylinders domestically and 

internationally. 

D. Part 175 

Section 175.8 

Part 175 of the HMR prescribes 

requirements that apply to the 

transportation of hazardous materials in 

commerce aboard aircraft, including 

items carried by air passengers and 

crew, as well as items carried by the 

aircraft operator in accordance with 

airworthiness requirements and 

operating regulations, or in support of 

in-flight service. Section 175.8 provides 

exceptions from the HMR for certain 

equipment and materials used by 

aircraft operators that are regulated as 

hazardous materials. PHMSA proposes 

to amend paragraph (b) to provide a new 

exception for alcohol-based hand 

sanitizers and alcohol-based cleaning 

products carried aboard an aircraft by 

the operator for the purposes of 

passenger and crew hygiene. The 

proposed changes align the HMR with 

amendments made to the ICAO 

Technical Instructions, as amended in 

Addendum 1, on December 31, 2020, in 

response to the COVID–19 public health 

emergency. The intent of this 

amendment is to ensure that air 

operators are able to equip aircraft with 

alcohol-based sanitizers for use in the 

cabin for the purposes of passenger and 

crew hygiene without the regulatory 

burden of documentation and packaging 

otherwise associated with the transport 

of Class 3 flammable liquid hazardous 

materials. This proposal is beneficial to 

public interest given that it assists in 

limiting the spread and contraction of 

viruses such as COVID–19 without an 

anticipated decrease in transportation 

safety. 

Section 175.9 

Section 175.9 provides exceptions 

from Subchapter C of the HMR for 

certain special aircraft operations. 

Paragraph (b)(5) excepts organ 

preservation units necessary to protect 

human organs when carried in the 

aircraft cabin, provided certain 

conditions are met. As written, the 

current provisions only allow for 

devices powered by non-spillable 

batteries. However, the technology for 

powering such devices has evolved to 

include lithium batteries. To maintain 

consistency with the ICAO Technical 

Instructions, PHMSA proposes to add 

provisions for organ preservation units 

powered by lithium batteries (both 

metal and ion). Specifically, lithium 

metal or lithium ion cells or batteries 

must meet the general provisions 

prescribed in § 173.185(a) and spare 

lithium batteries would need to be 

individually protected to prevent short 

circuits when not in use to ensure safe 

transport and use of this exception. 

PHMSA expects this proposed HMR 

amendment will promote broader use of 

the exception for organ preservation 

units. Finally, it facilitates international 

movement of these devices by 

harmonizing with ICAO Technical 

Instructions which allow lithium 

batteries as a power sources for the 

devices while still ensuring safe 

transport. 

Section 175.10 

Section 175.10 specifies the 

conditions under which passengers, 

crew members or an operator may carry 

hazardous materials aboard a passenger 

aircraft. PHMSA proposes to amend 

paragraph (a)(1)(ii) of this section to 

permit Division 2.2 aerosols with no 

subsidiary hazard in addition to those 

that are not for medicinal or personal 

toiletry use as carry-on items (see 

§ 175.10(a)(1)(i) in the HMR for 

provisions pertaining to non-radioactive 

medicinal and toilet articles). Currently, 

these materials (2.2 non-flammable 

gases) are only authorized in checked 

baggage. Additionally, PHMSA proposes 

to add a conditional requirement to new 

paragraph (a)(1)(iv) that the material in 

the Division 2.2 aerosols must not cause 

extreme annoyance or discomfort, in the 

event of an unintentional release, to 

crew members so as to inhibit 

performance of their assigned duties. 

The proposed changes align the HMR 

with amendments made to the ICAO 

Technical Instructions. In addition, 

these proposed changes are consistent 

with special permit DOT–SP 21021,26

which was issued in response to the 

COVID–19 public health emergency to 

ensure flight crews could carry-on 

sanitizing aerosol products that may not 

have been considered as items for 

personal use. PHMSA has determined 

that this proposal is beneficial and in 

the public interest because it expands 

the use of the passenger and 

crewmember exceptions applicable to 

Division 2.2 aerosols by allowing such 

aerosols in carry-on baggage. This is 

particularly beneficial for sanitizers to 

aid in preventing the potential spread 

and contraction of viruses such as 

COVID–19 without an anticipated 

decrease in transportation safety.27

Section 175.10(a)(11) outlines the 

provisions for self-inflating personal 


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28 78 FR 65453 (Oct. 31, 2013). This rule affected 

rules HM–215K, HM–215L, HM218G, and HM–219. 

29 International Maritime Organization SubCommittee on the Carriage of Cargoes and 

Containers CCC 5/6/3. 

safety devices and currently allows for 

the carriage of only one device with the 

approval of the aircraft operator. 

PHMSA proposes to increase the 

allowance from a single self-inflating 

personal safety device to two devices in 

response to an increase in passengers 

seeking to travel with their own devices. 

PHMSA clarifies that each self-inflating 

safety device may be fitted with no more 

than two small gas cartridges and that 

an additional two spare cartridges per 

device may be carried with the devices. 

In addition, PHMSA proposes to add the 

text ‘‘intended to be worn by a person’’ 

to specify that this provision is only 

intended for self-inflating personal 

safety devices that are designed to be 

worn by a person and does not apply to 

other types of safety devices. PHMSA 

expects this proposal will promote use 

of the self-inflating personal safety 

devices. Specifically, it provides 

passengers more flexibility when 

carrying self-inflating devices such as 

life-jackets, motorcycle jackets and 

horse riding vests. Further, PHMSA 

does not expect transportation safety 

will be compromised as these devices 

are designed with multiple initiation 

processes required for inflation to occur, 

thereby inhibiting unintentional 

activation. PHMSA has not identified 

any incidents involving unintentional 

activation of self-inflating personal 

safety devices inflight. 

Section 175.75 

Section 175.75 provides quantity 

limitations and stowage location 

requirements for air transportation. 

During internal review of the stowage 

requirements found in § 175.75, PHMSA 

and FAA concluded that several 

editorial revisions would increase the 

clarity of this section, and therefore 

enhance the safety or hazardous 

materials transported by aircraft. These 

proposed revisions do not substantively 

change current requirements of this 

section. They are intended only for 

purposes of increasing the 

understanding of air stowage 

requirements. The proposed editorial 

revisions to this section are discussed as 

follows: 

• The current structure for paragraph 

(b) outlines three distinct stowage 

requirements in a single paragraph. To 

increase readability, PHMSA proposes 

to revise paragraph (b) by separating the 

three requirements into three 

subparagraphs each addressing a single 

stowage requirement. 

• Insertion of an additional distinct 

sentence in the aforementioned 

proposed revised format of paragraph 

(b) to highlight the existing requirement 

in § 175.75 that all packages displaying 

a Cargo Aircraft Only label in 

accordance with § 172.402(c) must be 

loaded in an accessible manner (i.e., a 

manner accessible to the cargo aircraft’s 

crew or other authorized person). This 

longstanding requirement of the HMR is 

buried in the Quantity and Loading 

Table of paragraph (f). Air carrier 

stakeholders have suggested to PHMSA 

and FAA that the stowage requirements 

would be clarified if this important 

requirement were explicitly stated in 

§ 175.75. Therefore, PHMSA proposes to 

specify this requirement in the stowage 

requirements as subparagraph (b)(4). 

• Correction of an inadvertent error in 

the Quantity and Loading Table of 

paragraph (f), Note 1, that removed 

Division 6.2 material from eligibility for 

exception from the inaccessible loading 

restriction for Cargo Aircraft Only 

packages. This inadvertent error 

occurred in a corrections and response 

to administrative appeals final rule.28

PHMSA revised requirements for 

Division 6.1 material among the list of 

eligible materials but in doing so 

inadvertently removed reference to 

Division 6.2 material. This change was 

not intended and; therefore, PHMSA 

proposes to reinsert reference to 

Division 6.2 material in Note 1. 

• Insertion of an Oxford comma in 

the Quantity and Loading Table of 

paragraph (f), Note 1, item d. to more 

clearly indicate that Class 9 material, 

limited quantity material, and excepted 

quantity material all qualify for this 

provision. PHMSA and FAA are aware 

that some air carrier stakeholders have 

expressed confusion with the language 

in Note 1, item d., and acknowledge that 

the omission of a comma between 

‘‘Limited Quantity’’ and ‘‘Excepted 

Quantity’’ may create the impression 

that only Class 9 limited or excepted 

quantity material are eligible for this 

exception. Note 1, item d. has always 

included all eligible hazard classes of 

limited quantity and excepted quantity 

material. 

E. Part 176 

Section 176.84 

Part 176 contains requirements 

associated with transportation of 

hazardous materials by vessel. Section 

176.84 prescribes the meanings of 

numbered or alphanumeric vessel 

transport stowage provisions that are 

assigned to hazardous materials and 

which are listed in column (10B) of the 

HMT. The provisions in § 176.84 are 

separated into general stowage 

provisions, which are defined in the 

‘‘table of provisions’’ in paragraph (b), 

and the stowage notes unique to vessel 

shipments of Class 1 explosives, which 

are defined in the table in paragraph 

(c)(2). PHMSA has determined that the 

following proposed revisions will 

improve safety by ensuring that 

hazardous materials are properly stowed 

on vessels. 

First, PHMSA proposes to revise 

stowage provision 4 in paragraph (b). 

Existing stowage provision 4 directs 

shippers to ‘‘Stow ‘Separated from’ 

liquid organic materials.’’ PHMSA 

proposes to modify the language in this 

code for clarity and to facilitate proper 

stowage. In a proposal submitted to the 

IMO, it was noted that many liquid 

organic materials are not dangerous 

goods and that it is difficult to identify 

these commodities for purposes of 

segregation.29 Furthermore, the 

distinction between organic and 

inorganic substances cannot be easily 

discovered by persons responsible for 

the packing of a cargo transport unit. 

PHMSA has determined that requiring a 

determination as to whether a cargo is 

an organic or inorganic substance 

should be amended with a more readily 

understood requirement to characterize 

these items as combustible materials. 

This clarification would aid in ensuring 

safe segregation of materials assigned 

this stowage provision. Therefore, 

PHMSA proposes to amend stowage 

provision 4 to require materials assigned 

this code to ‘‘not be stowed’’ with 

combustible materials in the same cargo 

transport unit. 

Second, PHMSA proposes to add new 

stowage provisions under codes 155, 

156, and 157: 

• New stowage code 155 is assigned 

to ‘‘UN2814, Infectious substances, 

affecting humans’’ and ‘‘UN2900, 

Infectious substances, affecting animals 

only.’’ This new stowage provision 

advises vessel carriers to avoid handling 

of an infectious package or keep 

handling of the package to a minimum 

and to inform the appropriate public 

health authority or veterinary authority 

where persons or animals may have 

been exposed to the package contents. 

This provision may improve safety for 

packages that may be used to transport 

COVID–19 related material. Stowage 

code 155 would apply particularly to 

any cargo offered in the traditional 

manner (i.e., break-bulk). The proposed 

stowage code advises cargo handling 

personnel to limit interaction with 

packages of Division 6.2 materials to a 

minimum. The requirement to notify the 

appropriate public health authority or 


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veterinary authority where persons or 

animals may have been exposed to 

package contents is intended to ensure 

appropriate medical attention can be 

provided in the event of an exposure 

and any potential further contamination 

as a result of contact with the material 

is controlled. This new stowage code 

serves to ensure vessel carriers are 

aware of the potential hazard of these 

packages and to ensure they follow all 

protocols related to handling such 

packages. 

• New stowage code 156 is assigned 

to ‘‘UN3090, Lithium metal batteries,’’ 

‘‘UN3091, Lithium metal batteries 

contained in equipment, or Lithium 

metal batteries packed with 

equipment,’’ ‘‘UN3480, Lithium ion 

batteries,’’ and ‘‘UN3481, Lithium ion 

batteries contained in equipment or 

Lithium ion batteries packed with 

equipment.’’ This new stowage 

provision would require damaged or 

defective lithium batteries that are 

offered for transportation in accordance 

with § 173.185(f) or being transported 

for purposes of disposal or recycling in 

accordance with proposed 

§ 172.203(i)(4), to be stowed in 

accordance with stowage category C. 

Stowage category C requires on deck 

stowage instead of the currently 

authorized on deck or under deck 

stowage of these types of lithium 

batteries. This proposal harmonizes 

HMR stowage requirements for lithium 

batteries that are damaged/defective and 

those that are being offered for disposal 

or recycling with the IMDG Code 

stowage requirements. This proposed 

stowage change to require on deck 

stowage would allow for more easily 

identifiable and effective response 

actions in the event of a fire involving 

lithium batteries onboard a vessel. 

PHMSA expects that these revised 

shipping requirements will contribute to 

the safe transportation of increased 

volumes of lithium batteries anticipated 

as a result of the increased use of those 

technologies in the transportation and 

other economic sectors. 

• New stowage code 157 is assigned 

to the five HMR UN1950 aerosol entries 

and the three UN2037 receptacles; 

small, containing gas or gas cartridges 

entries. This new stowage provision 

would require aerosols and receptacles 

for gas transported for recycling or 

disposal to be stowed in accordance 

with vessel stowage category C and clear 

of living quarters. The HMR does not 

currently contain separate stowage 

provisions for aerosols or receptacles 

small containing gas that are being 

offered for disposal or recycling. These 

materials are assigned stowage category 

A if they are new and never used, or if 

they are offered for transportation. The 

change from stowage category A to 

category C means these materials being 

offered for recycling or disposal would 

be required to be stowed ‘‘on deck only’’ 

instead of the currently authorized ‘‘on 

deck or under deck.’’ This proposed 

change in stowage requirements for 

aerosols and receptacles small 

containing gas provides more restrictive 

stowage requirements for these articles 

that have been utilized and are being 

offered for transportation under 

generally more relaxed packaging 

standards than if they were being 

offered as new articles. This more 

restrictive stowage requirement would 

more easily facilitate a response effort 

should one be required aboard a vessel. 

Third, in the paragraph (c)(2) table, 

PHMSA proposes amending stowage 

provisions for notes 19E and 22E. When 

assigned to an HMT entry, these existing 

notes require separation ‘‘away from’’ 

explosives containing chlorates or 

perchlorates and ‘‘away from’’ 

ammonium compounds and explosives 

containing ammonium compounds or 

salts. PHMSA proposes to amend these 

stowage provisions to specify a more 

demanding ‘‘separated from’’ stowage 

requirement. The terms ‘‘away from’’ 

and ‘‘separated from’’ have various 

meanings based on the type of shipment 

(e.g., break-bulk, shipments within a 

container, or container to container). 

Generally speaking, the term ‘‘separated 

from’’ requires more stringent 

segregation. As an example, for 

segregation from one container to 

another if ‘‘away from’’ applies, the 

containers cannot be stowed one on top 

of the other. If ‘‘separated from’’ is 

assigned, the containers cannot be 

stowed in the same vertical line. For 

more information on the applicability of 

these terms please, see § 176.83 of the 

HMR. This proposal also harmonizes 

the HMR with the IMDG Code and 

aligns with HMR stowage requirements 

for shipments of ammonium nitrates, 

chlorates, and perchlorates. These 

proposed changes provide additional 

segregation between loads of 

incompatible materials and decrease the 

likelihood of a reaction if a release were 

to occur onboard a vessel. 

F. Part 178 

Section 178.3 

Part 178 contains specifications for 

packagings. Section 178.3 prescribes 

marking requirements for specification 

packagings. PHMSA proposes to amend 

paragraph (a)(4) to clarify the marking 

size requirement for packagings 

transporting solids with a 30 kg (66 

pounds) maximum net mass. 

Additionally, PHMSA is proposing to 

amend the exception for reducing the 

size of the required package marking 

applicable to packagings with a capacity 

of 5 L or less, or of 5 kg maximum net 

mass. The existing HMR text only refers 

to capacity, and the proposed use of 

‘‘maximum net mass’’ is a more 

appropriate standard for packagings 

intended for solids. This editorial 

change is intended to reduce confusion 

over the application of the reduce size 

marking requirements as they apply to 

packagings used for solid materials. The 

quantity limit should be based on the 

net amount of solid material and not the 

capacity of the packaging the material is 

placed in. This clarification is 

consistent with similar provisions for 

solids (net mass) and liquids (capacity) 

throughout the HMR. Ensuring the 

appropriate application of the reduced 

size marking allowance provides 

consistency across persons using the 

reduce sized marking and therefore, 

improves safety of transport. 

Section 178.71 

Section 178.71 prescribes 

specifications for UN pressure 

receptacles. To maintain consistency 

with the UN Model Regulations, 

PHMSA proposes to update four ISO 

documents incorporated by reference in 

this section. 

First, PHMSA proposes to amend 

paragraph (d)(2), which outlines the 

configuration and design requirements 

for a cylinder’s service equipment, and 

includes items that prevent the release 

of the pressure receptacle contents 

during handling and transportation. 

Currently this paragraph requires that 

valves for service equipment must 

conform to the 1999, 2006 and 2014 

editions of ISO 10297. ISO 10297 

specifies design, type testing and 

marking requirements for cylinder 

valves fitted to refillable transportable 

gas cylinders, main valves for cylinder 

bundles, and cylinder valves or main 

valves with an integrated pressure 

regulator (VIPR), which convey 

compressed, liquefied, or dissolved 

gases. PHMSA proposes to modify the 

valve conformance requirements in this 

paragraph such that when the use of a 

valve is prescribed, the valve must 

conform to the requirements of ISO 

10297:2014 and the supplemental 

amendment, ISO 10297:2014/Amd 

1:2017. ISO 10297:2014/Amd 1:2017 

corrects errors in ISO 10297:2014 and 

also includes modifications for valves 

for tubes and pressure drums. PHMSA 

has reviewed this supplemental 

amendment as part of its regular 

participation in the review of 

amendments proposed for the UN 


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30See, e.g., Special Permit 14457 (Dec. 16, 2019), 

which served as the technical basis for the 

development of ISO 11119–4:2016. 

Model Regulations and does not expect 

any degradation of safety standards in 

association with the use of these two 

documents. Additionally, PHMSA 

proposes to add an end date of 

December 31, 2022 to the authorization 

to use ISO 10297:2014 when not used in 

conjunction with the supplemental 2017 

amendment, ISO 10297:2014/Amd 

1:2017. 

Also in this paragraph, PHMSA 

proposes to amend references to ISO 

14246, ‘‘Gas cylinders—Cylinder 

valves—Manufacturing tests and 

examinations.’’ Currently paragraph 

(d)(2) states that valves must be initially 

inspected and tested in accordance with 

ISO 14246:2014(E), ‘‘Gas cylinders— 

Cylinder valves—Manufacturing tests 

and examinations.’’ However, in 2017, 

ISO published ISO 14246:2014/Amd 

1:2017, ‘‘Gas cylinders—Cylinder 

valves—Manufacturing tests and 

examinations,’’ which provides 

supplemental amendments pertaining to 

specific pressures to be used in the 

pressure test and leakproofness test of 

acetylene valves. PHMSA proposes to 

require the use of this amended 

document in § 178.71 to require 

acetylene valve users to use the updated 

values in ISO 14246:2014/Amd 1:2017. 

PHMSA has reviewed these documents 

as part its regular participation in the 

review of amendments proposed for the 

UN Model Regulations and does not 

expect any degradation of safety 

standards in association with the use of 

these two documents. PHMSA also 

proposes to add analogous compliance 

requirements for self-closing valves to 

paragraph (d)(2). ISO 17879:2017—Gas 

cylinders—Self-closing cylinder 

valves—Specification and type testing, 

specifies the design, type testing, 

marking, and manufacturing tests and 

examinations requirements for selfclosing cylinder valves intended to be 

fitted to refillable transportable gas 

cylinders which convey compressed, 

liquefied, or dissolved gases. 

Additionally, PHMSA proposes to 

amend paragraph (l)(1), which specifies 

the design and construction 

requirements for UN composite 

cylinders and tubes. The proposed 

change would add a new subparagraph 

(iv) to reference ISO 11119–4:2016, 

‘‘Gas cylinders—Refillable composite 

gas cylinders—Design, construction and 

testing—Part 4: Fully wrapped fibre 

reinforced composite gas cylinders up to 

150 L with load-sharing welded metallic 

liners.’’ This document, which was 

adopted in the UN Model Regulations, 

specifies requirements for composite gas 

cylinders with load-sharing welded 

liners between 0.5 L and 150 L water 

capacity and a maximum test pressure 

of 450 bar for the storage and 

transportation of compressed or 

liquefied gases. PHMSA incorporates by 

reference the first three parts of the ISO 

11119 series, which cover various 

designs of composite cylinders with a 

seamless liner. This fourth part defines 

the requirements for design, 

construction, and testing of composite 

cylinders with a welded metallic liner. 

Incorporating this ISO standard would 

eliminate the need and associated 

burden for manufacturers to request a 

special permit to construct fully 

wrapped fiber reinforced composite gas 

cylinders with load-sharing welded 

steel liners.30

Finally, PHMSA proposes to amend 

paragraph (o)(1) of this section to update 

the reference to ISO 11114–1:2012(E), 

‘‘Gas cylinders—Compatibility of 

cylinder and valve materials with gas 

contents—Part 1: Metallic materials.’’ 

ISO 11114–1:2012 provides 

requirements for the selection of safe 

combinations of metallic cylinder and 

valve materials and cylinder gas 

content. PHMSA proposes to amend the 

compatibility requirements to also 

require compatibility with the 2017 

supplement to ISO 11114–1:2012, (ISO 

11114–1:2012/Amd 1:2017) for material 

compatibility requirements. Permitting 

the use of this document would allow 

shippers to safely transport a wider 

variety of gases in newly developed 

types of metallic cylinders and valves. 

PHMSA has reviewed this document as 

part of its regular participation in the 

review of amendments proposed for the 

21st revised edition of the UN Model 

Regulations and expects that adding it 

to the HMR will enhance the current 

safety of hazardous materials in 

transportation, in addition to 

harmonizing the HMR with 

international requirements. This 

amendment provides compatibility 

requirements for the selection of 

combinations of metallic cylinder and 

valve materials for use with gas or gas 

mixtures. In the interest of providing 

uniformity with regard to reference 

standards used domestically and 

internationally, PHMSA proposes to 

revise the compatibility requirements to 

also refer to the 2017 amendment of this 

ISO standard. This 2017 supplemental 

amendment provides more explicit 

instructions on the permissible 

concentrations of certain gases. PHMSA 

has determined that permitting the use 

of this updated document would allow 

safe transport of a wider variety of gases 

in newly developed types of metallic 

cylinders and valves without 

compromising safety. 

Section 178.75 

Section 178.75 prescribes 

specifications for multiple-element gas 

containers (MEGCs), which are 

assemblies of UN cylinders, tubes, or 

bundles of cylinders interconnected by 

a manifold and assembled within a 

framework. The term includes all 

service equipment and structural 

equipment necessary for the transport of 

gases including hazardous materials 

marked as Division 2.1 (such as 

compressed hydrogen). PHMSA 

proposes to revise paragraph (d) to 

permit explicitly the use of composite 

construction, which is allowed for other 

pressure vessels (i.e., cylinders), rather 

than limiting authorized material of 

construction for an MEGC to seamless 

steel as in the current HMR. Composite 

cylinders are constructed of carbon, 

fiberglass, or a hybrid composite with 

high-strength aluminum liners. When 

the specifications for MEGCs were 

originally created, there were no 

standards for composite pressure 

receptacles in the international 

transport standards or the HMR. In the 

decades since standards for the use of 

ISO composite pressure receptacles 

have since been developed and 

authorized. International standards did 

not consider a corresponding allowance 

to use these composite pressure 

receptacles as elements of MEGCs when 

the specifications were originally 

adopted. The 21st revised edition of the 

UN Model Regulations have since been 

updated to include such an 

authorization and PHMSA proposes to 

similarly allow the use of composite 

pressure receptacles in MEGCs. 

To that end, PHMSA is adding 

references to the following ISO design 

standards for composite MEGCs: ISO 

11119–1:2012(E), ‘‘Gas cylinders— 

Refillable composite gas cylinders and 

tubes—Design, construction and 

testing—Part 1: Hoop wrapped fibre 

reinforced composite gas cylinders and 

tubes up to 450 L,’’ ISO 11119– 

2:2012(E), ‘‘Gas cylinders—Refillable 

composite gas cylinders and tubes— 

Design, construction and testing—Part 

2: Fully wrapped fibre reinforced 

composite gas cylinders and tubes up to 

450 l with load-sharing metal liners,’’ 

and ISO 11119–3:2013(E), ‘‘Gas 

cylinders—Refillable composite gas 

cylinders and tubes—Design, 

construction and testing—Part 3: Fully 

wrapped fibre reinforced composite gas 

cylinders and tubes up to 450 L with 

non-load-sharing metallic or nonmetallic liners.’’ The 19th revised 

edition of the Model Regulations 


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31 ‘‘Use of the terms ‘‘conductivity’’ and 

‘‘conductance’’ in chapter 6.7’’ https://

www.unece.org/fileadmin/DAM/trans/doc/2018/ 

dgac10c3/ST-SG-AC.10-C.3-2018-56e.pdf. 

amended the definition of a tube to 

include composite construction and this 

change also included standards for the 

construction of composite tubes. Due to 

the lack of any technical or safety 

concerns, the 21st revised edition of the 

UN Model Regulations included an 

amendment to the definition of MEGCs 

which provides for composite 

construction, in addition to stainless 

steel construction and were not 

intended to exclude MEGCs. With these 

proposed revisions, PHMSA expects 

that this will provide flexibility and 

opportunities for cost savings for 

manufacturers of MEGCs while not 

compromising safety. Additionally, 

authorizing alternative MEGC packaging 

construction would provide flexibility 

in packaging selection for shippers that 

could facilitate the transportation of 

hydrogen or other gases that may be 

used to support clean energy 

alternatives. 

Section 178.275 

Section 178.275 outlines requirements 

and definitions pertaining to UN 

portable tanks intended for the 

transportation of liquid and solid 

hazardous materials. Paragraph (i) 

specifies the capacity requirements for 

pressure relief devices that must be on 

these portable tanks. The HMR specify 

a formula that can be used to determine 

the required total capacity for these 

pressure relief devices. The formula 

defines variable ‘‘U’’ as ‘‘thermal 

conductance of the insulation.’’ 

Discussions held by the UNSCOE 31 led 

to the conclusion that usage of the 

phrase ‘‘thermal conductance’’ 

associated with the variable ‘‘U’’ in this 

formula is misleading because, in 

general scientific usage, ‘‘conductance’’ 

is expressed in ‘‘kW. K¥1’’, and is not 

a surface factor. Leaving the formula 

description as it currently appears in the 

HMR may cause confusion for those 

who use it given that the correct term 

for the unit given is ‘‘heat transfer 

coefficient.’’ PHMSA proposes to 

replace the phrase ‘‘thermal 

conductance’’ with ‘‘heat transfer 

coefficient’’ so that ‘‘U’’ is defined as 

‘‘heat transfer coefficient of the 

insulation’’ which is more appropriate 

for what is being calculated and is 

consistent with use of the formula in the 

UN Model Regulations. This would 

ensure proper calculation of the total 

capacity for the pressure relief devices 

for these portable tanks. 

Section 178.505 

Section 178.505 prescribes 

specifications for aluminum drums and 

paragraph (b) prescribes the 

construction requirements for those 

aluminum drums. PHMSA proposes to 

add a new paragraph (b)(6) to specify 

conditions when internal protective 

coatings or treatments must be applied 

to these drums—consistent with 

requirements for other metal 

packagings, such as steel drums, as 

provided in § 178.504(b)(7) and 

aluminum and steel jerricans in 

§ 178.511(b)(5). PHMSA agrees that, 

since metals are susceptible to corrosion 

from exposure to certain chemicals (e.g., 

sodium hydroxide solution, or alkaline 

liquids), measures need to be taken to 

ensure the packaging is compatible with 

the contents. Further, the general 

requirements for packagings in the HMR 

include a compatibility requirement 

such that even though certain 

packagings are specified in the HMR, it 

is, nevertheless, the responsibility of the 

person offering a hazardous material for 

transportation to ensure that such 

packagings are compatible with their 

contents. This applies particularly to 

corrosivity, permeability, softening, 

premature aging, and embrittlement (see 

§ 173.24(e)). Therefore, PHMSA 

proposes to add conditions when 

internal protective coatings or 

treatments must be applied to metal 

drums that are not constructed of steel 

or aluminum. This addition is 

consistent with international standards 

covering UN packages 1B1 and 1B2 

aluminum drums. PHMSA expects that 

this proposal will improve consistency 

with regard to safety standards (e.g., 

packaging integrity) across similar 

packagings. 

Section 178.506 

Section 178.506 prescribes 

specifications for metal drums that are 

not made of steel or aluminum, and 

paragraph (b) prescribes the 

construction requirements for these 

drums. PHMSA proposes to add a new 

paragraph (b)(6) to specify conditions 

when internal protective coatings or 

treatments must be applied to metal 

drums that are not constructed of steel 

or aluminum consistent with this 

requirement for specifications of other 

metal packagings. This new requirement 

would mirror the requirements to apply 

suitable internal protective coatings or 

treatments in § 178.504(b)(7) for steel 

drums and § 178.511(b)(5) for aluminum 

and steel jerricans. Since metals are 

susceptible to corrosion from exposure 

to certain chemicals (e.g., sodium 

hydroxide solution, or alkaline liquids), 

PHMSA has determined measures need 

to be taken to ensure the packaging is 

compatible with the contents. Further, 

the general requirements for packagings 

in the HMR include a compatibility 

requirement such that even though 

certain packagings are specified in the 

HMR, it is, nevertheless, the 

responsibility of the person offering a 

hazardous material for transportation to 

ensure that such packagings are 

compatible with their contents. This 

applies particularly to corrosivity, 

permeability, softening, premature 

aging, and embrittlement (see 

§ 173.24(e)). However, PHMSA expects 

that codifying specific conditions in 

which internal protective coatings or 

treatments must be applied to metal 

drums that are not constructed of steel 

or aluminum will provide needed 

consistency by providing uniform safety 

standards for similar packagings across 

the HMR and ensure safe packaging and 

transport within these metal drums. 

Section 178.609 

Section 178.609 provides test 

requirements for packagings for 

infectious substances. PHMSA proposes 

an editorial amendment in paragraph (g) 

to clarify the performance testing 

requirements for infectious substances 

packaging. Specifically, PHMSA 

proposes to amend paragraph (g) to 

clarify that only one additional test is 

required for packages for infectious 

substances containing dry ice. The 21st 

revised edition of the UN Model 

Regulations made a similar clarification 

regarding the testing requirements for 

these packagings and PHMSA has 

determined that the current HMR also 

contains conflicting language in 

§ 178.609. Currently paragraph (g), 

which specifies additional testing 

requirement for packagings intended to 

contain dry ice, may be interpreted to 

either require five additional samples 

dropped once each, or one additional 

sample packaging dropped five times. 

However, requiring one sample to be 

dropped five times in one orientation 

would not be consistent with drop 

testing requirements applicable to other 

packagings. PHMSA proposes to amend 

paragraph (g) to clearly state only one 

additional sample must be dropped in a 

single orientation; namely, the 

orientation the tester determines would 

be most likely to result in failure of the 

packaging in light of the properties of 

the packaging and the test surface. 

PHMSA does not consider this change 

to be technical, but editorial, with the 

intent of conveying the testing protocol, 

as it was designed, more clearly. For 

that reason, PHMSA does not expect 

any change in level of safety than what 


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43872 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules 

32Stainless Steel Container Association, Proposal 

on Minimum Wall Thickness for Metal IBCs 

Submitted to the Sub-Committee of Experts on the 

Transport of Dangerous Goods During the 54th 

Session (Sep. 7, 2018), https://www.unece.org/ 

fileadmin/DAM/trans/doc/2018/dgac10c3/ST-SGAC.10-C.3-2018-96e.pdf. 

was originally intended. This change 

would simply result in a package being 

tested in line with the design of the 

original packaging test method. 

Section 178.703 

Section 178.703 outlines the marking 

requirements for intermediate bulk 

containers (IBCs). PHMSA proposes to 

amend two marking requirements in 

this Section. 

In paragraph (b)(6), which specifies 

additional marking requirements for 

composite IBCs, the amendment would 

specify that the required markings on 

inner receptacles of these packagings 

must either be readily visible while in 

the outer casing or duplicated on the 

outer casing to facilitate inspection 

verifying compliance with the 

applicable package performance 

standard marking requirements. 

In paragraph (b)(7), which outlines 

the marking requirements for IBCs that 

are designed to be stacked, PHMSA 

proposes to revise language in 

paragraph (b)(7)(iv) to clarify the 

maximum stacking load requirements 

pertaining to each marking requirement. 

Currently paragraph (b)(7)(iv) indicates 

that the maximum permitted stacking 

load ‘‘applicable when the IBC is in 

use,’’ must be displayed. PHMSA has 

determined that this phrase may be 

misinterpreted to mean that the stacking 

load applies only to transportation, 

leading to these packagings being 

stacked inappropriately when not in 

transportation, such as in warehouse 

storage. PHMSA proposes to remove the 

words ‘‘applicable when the IBC is in 

use,’’ to clarify that stacking loads 

should never be exceeded whether in 

transportation or in storage. PHMSA has 

determined that clarifying the regulatory 

text regarding the proper use of these 

packagings will provide an enhanced 

level of safety both during transport and 

during storage. 

Section 178.705 

Section 178.705 prescribes 

specifications for metal IBCs. Paragraph 

(c) outlines construction requirements 

and paragraph (c)(1)(iv) specifies the 

minimum wall thickness requirements 

for metal IBCs. Metal IBCs are currently 

the only type of IBCs for which there are 

minimum wall thickness requirements, 

which is likely a holdover from 

regulations for cubical tank containers, 

from which the metal IBCs were once 

derived.32 In contrast, because of 

performance testing requirements’ (i.e., 

drop, stack and vibration) ability to 

demonstrate the integrity of the package, 

the 21st revised edition of the UN 

Model Regulations include an 

amendment which now provides that 

minimum wall thickness requirements 

apply only to metal IBCs that have a 

capacity of more than 1500 L (396 

gallons), while metal IBCs with a 

volume of 1500 L or less are no longer 

subject to previous prescriptive 

minimum wall thickness requirements. 

Therefore, PHMSA proposes to revise 

the minimum wall thickness 

requirements for metal IBCs with a 

volume of 1500 L or less to provide 

additional design and construction 

flexibility with regards to IBC designs. 

This amendment would harmonize with 

the 21st revised edition of the UN 

Model Regulations. PHMSA solicits 

comments on the following safety and 

economic impacts regarding this 

proposed amendment: 

• Does the reliance on the 

performance testing system and the 

elimination of a prescriptive minimum 

wall thickness for metal IBC’s with a 

capacity of 1500 L or less present an 

unnecessary safety risk (e.g., reduced 

corrosion protection, ability to prevent 

punctures or ruptures resulting from 

conditions normally incident to 

transportation)? Explain. 

• Do manufacturers primarily use a 

reference steel or are other steels 

commonly used? If so, which ones? 

• If the minimum thickness 

requirement were removed for metal 

IBCs with a capacity of 1500 L or less, 

what calculations will the 

manufacturers use to determine the 

design minimum thickness for the IBCs 

made from the reference steel? 

• What is an approximate number of 

metal IBC design types and the number 

of IBCs manufactured in accordance 

with these design types that could 

reasonably expected to be in 

transportation? 

• What is the expected cost savings 

from the removal of a minimum wall 

thickness requirement for IBCs at or 

below the proposed 1500 L capacity? 

• What are the expected impacts of 

not harmonizing HMR requirements for 

metal IBCs with a capacity of 1500 L or 

less? 

As an alternative to the proposed rule, 

PHMSA is also considering a change to 

§ 171.23, which prescribes requirements 

for specific materials and packagings 

transported under incorporated 

international standards to prohibit 

transportation or offering for 

transportation of metal IBCs with a 

capacity of 1500 L or less when that 

transportation is made in accordance 

with the ICAO Technical Instructions, 

IMDG Code, Transport Canada TDG 

Regulations, or the IAEA Regulations. 

PHMSA also solicits comments on that 

potential prohibition. 

G. Part 180 

Section 180.207 

Section 180.207 outlines the 

requirements for the requalification of 

UN pressure receptacles. Paragraph (d) 

specifies the requalification procedures 

for various types of UN cylinders but, 

consistent with historical approach of 

the UN Model Regulations, does not 

include any procedures for the periodic 

inspection of UN cylinder bundles. 

However, the 21st revised edition of the 

UN Model Regulations addressed that 

gap by adding a new reference 

document entitled ISO 20475: 2018 

‘‘Gas cylinders—Cylinder bundles— 

Periodic inspection and testing.’’ ISO 

20475 provides detailed procedures for 

maintenance and periodic inspection of 

cylinder bundles. 

PHMSA proposes to add paragraph 

(d)(7) to reference ISO 20475:2018, ‘‘Gas 

cylinders—Cylinder bundles—Periodic 

inspection and testing’’ to provide a 

requalification standard for UN cylinder 

bundles because requalification 

procedures may differ for bundles of 

cylinders versus individual cylinders. 

This document was developed based on 

the need for a standard specific to 

cylinder bundles which would allow 

them to be reintroduced into service for 

an extended period of time. PHMSA 

expects that incorporating by reference 

a safety standard for requalification will 

reduce business costs and 

environmental effects by allowing 

existing cylinders to be reintroduced 

into service for continued use. As a 

participant on the UNSCOE, this 

standard was reviewed by PHMSA and 

other international bodies for inclusion 

in the UN Model Regulations based on 

its need and safety merit. Incorporating 

by reference ISO 20475 in the HMR is 

necessary, not only for international 

harmonization, but also to address the 

lack of such a standard in the HMR. 

Additionally, PHMSA proposes to 

remove a reference to the outdated, 

third edition of ISO 10462(E), ‘‘Gas 

cylinders—Transportable cylinders for 

dissolved acetylene—Periodic 

inspection and maintenance’’ in 

paragraph (d)(3) used for the 

requalification of dissolved acetylene 

cylinders. Requalification is required in 

accordance with the third edition of ISO 

10462:2013(E); however, requalification 


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33 58 FR 51735 (Oct. 4, 1993). 

in accordance with the second edition 

was authorized until December 31, 2018 

in 180.207(d)(3). This date has since 

passed and, therefore, PHMSA proposes 

removing reference from this Section of 

the HMR. Consistent with this revision, 

the incorporation by reference of the 

second edition is removed from 

§ 171.7(w) of the HMR. Additionally, 

acetylene cylinders requalified in 

accordance with the second edition 

before December 31, 2018, must be 

subsequently requalified in accordance 

with referenced third edition. PHMSA 

expects that these amendments will 

enhance safety by providing cylinder 

users with the necessary guidelines for 

the continued use of UN cylinders. 

The proposed regulatory text 

references ISO 10462:2013(E), which 

was previously approved for 

incorporation by reference in this 

section, and no changes are proposed 

for this standard. 

VI. Regulatory Analyses and Notices 

A. Statutory/Legal Authority for This 

Rulemaking 

This NPRM is published under the 

authority of Federal hazardous materials 

transportation law. Section 5103(b) 

authorizes the Secretary of 

Transportation to prescribe regulations 

for the safe transportation, including 

security, of hazardous materials in 

intrastate, interstate, and foreign 

commerce. Additionally, 49 U.S.C. 5120 

authorizes the Secretary to consult with 

interested international authorities to 

ensure that, to the extent practicable, 

regulations governing the transportation 

of hazardous materials in commerce are 

consistent with the standards adopted 

by international authorities. The 

Secretary has delegated the authority 

granted in the Federal hazardous 

materials transportation law to the 

PHMSA Administrator at 49 CFR 

1.97(b). 

B. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

Executive Order 12866 (‘‘Regulatory 

Planning and Review’’) 33 requires 

agencies to regulate in the ‘‘most costeffective manner,’’ to make a ‘‘reasoned 

determination that the benefits of the 

intended regulation justify its costs,’’ 

and to develop regulations that ‘‘impose 

the least burden on society.’’ Similarly, 

DOT Order 2100.6A (‘‘Policies and 

Procedures for Rulemakings’’) requires 

that PHMSA rulemaking actions include 

‘‘an assessment of the potential benefits, 

costs, and other important impacts of 

the regulatory action,’’ and (to the extent 

practicable) the benefits, costs, and any 

significant distributional impacts, 

including any environmental impacts. 

Executive Order 12866 and DOT 

Order 2100.6A require that PHMSA 

submit ‘‘significant regulatory actions’’ 

to the Office of Management and Budget 

(OMB) for review. This rulemaking is 

not considered a significant regulatory 

action under section 3(f) of Executive 

Order 12866 and, therefore, was not 

formally reviewed by OMB. This 

rulemaking is also not considered a 

significant rule under DOT Order 

2100.6A. 

The following is a brief summary of 

costs, savings and net benefits of some 

of the amendments proposed in this 

notice. PHMSA has developed a more 

detailed analysis of these costs and 

benefits in the preliminary regulatory 

impact analysis (PRIA), a copy of which 

has been placed in the docket. PHMSA 

seeks public comment on its proposed 

revisions to the HMR and the 

preliminary cost and benefit analyses in 

the PRIA. 

PHMSA proposes to amend the HMR 

to maintain alignment with 

international regulations and standards, 

thereby maintaining the high safety 

standard currently achieved under the 

HMR, facilitating the safe transportation 

of critical vaccines and other medical 

materials associated with the response 

to the COVID–19 public health 

emergency, and aligning HMR 

requirements with anticipated increases 

in the volume of lithium batteries 

transported in interstate commerce from 

electrification of the transportation and 

other economic sectors. PHMSA 

examined the likely impacts of 

finalizing and implementing the 

provisions proposed in the NPRM in 

order to assess the benefits and costs of 

these amendments. This analysis 

allowed PHMSA to quantitatively assess 

the material effects of three of the 

proposed amendments in the 

rulemaking. The effects of six remaining 

proposed amendments are not 

quantified but are assessed qualitatively. 

PHMSA estimates that the annualized 

quantified net cost savings of this 

rulemaking, using a 7 percent discount 

rate, are approximately $23.5 to $28.5 

million per year. The following table 

presents a summary of the monetized 

impacts that these proposed changes 

may have upon codification. 


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SUMMARY

TABLE OF

NET

REGULATORY

COST

SAVINGS, DISCOUNT

RATE = 7%, 2022–2031 

[$2019] 

Rule amendments 

10 year costs 10 year cost savings 10 year net cost savings Annual costs Annual cost savings Annual net cost savings 

Low High Low High Low High Low High Low High Low High 

Amendment 2: Electric and Electronic Detonators ...... $618,355 $811,662 0 0 ($618,355) ($811,662) $88,040 $115,562 0 0 ($88,040) ($115,562) Amendment 5: Lithium Battery Mark ............................ 0 0 159,315,195 173,458,922 159,315,195 173,458,922 0 0 22,682,900 24,696,648 22,682,900 24,696,648 Amendment 7: Data Loggers ....................................... 0 0 6,257,717 27,622,576 6,257,717 27,622,576 0 0 890,958 3,932,833 890,958 3,932,833 

Total ....................................................................... 618,355 811,662 165,572,913 201,081,499 164,954,558 200,269,837 88,040 115,562 23,573,858 28,629,482 23,485,818 28,513,919 


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34 64 FR 43255 (Aug. 10, 1999). 

35 74 FR 24693 (May 22, 2009). 36 65 FR 67249 (Nov. 9, 2000). 

37 67 FR 53461 (Aug. 16, 2002). 38 DOT, ‘‘Rulemaking Requirements Related to 

Small Entities,’’ https://www.transportation.gov/ 

regulations/rulemaking-requirements-concerningsmall-entities (last accessed June 17, 2021). 

The safety and environmental benefits 

of the proposed rule have not been 

quantified. However, PHMSA expects 

the proposed amendments would help 

to improve public safety and reduce the 

risk of environmental harm by 

maintaining consistency between these 

international regulations and the HMR. 

Harmonization of the HMR with 

international consensus standards as 

proposed could reduce delays and 

interruptions of hazardous materials 

during transportation, thereby lowering 

GHG emissions and safety risks to 

communities (including minority, lowincome, underserved, and other 

disadvantaged populations and 

communities) in the vicinity of interim 

storage sites and transportation arteries 

and hubs. 

C. Executive Order 13132 

PHMSA analyzed this rulemaking in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’) 34 and the 

Presidential memorandum 

(’’Preemption’’) that was published in 

the Federal Register on May 22, 2009.35

Executive Order 13132 requires agencies 

to assure meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

may have ‘‘substantial direct effects on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government.’’ 

The rulemaking may preempt State 

and local, and Native American Tribe 

requirements, but does not propose any 

regulation that has substantial direct 

effects on the States, the relationship 

between the national government and 

the States, or the distribution of power 

and responsibilities among the various 

levels of government. The Federal 

hazardous materials transportation law 

contains an express preemption 

provision at 49 U.S.C. 5125(b) that 

preempts State, local, and Tribal 

requirements on certain covered 

subjects, unless the non-Federal 

requirements are ‘‘substantively the 

same’’ as the Federal requirements, 

including the following: 

(1) The designation, description, and 

classification of hazardous material; 

(2) The packing, repacking, handling, 

labeling, marking, and placarding of 

hazardous material; 

(3) The preparation, execution, and 

use of shipping documents related to 

hazardous material and requirements 

related to the number, contents, and 

placement of those documents; 

(4) The written notification, 

recording, and reporting of the 

unintentional release in transportation 

of hazardous material; and 

(5) The design, manufacture, 

fabrication, inspection, marking, 

maintenance, recondition, repair, or 

testing of a packaging or container 

represented, marked, certified, or sold 

as qualified for use in transporting 

hazardous material in commerce. 

This proposed rule addresses covered 

subject items (1), (2), (3), (4), and (5) 

above and would preempt State, local, 

and Tribal requirements not meeting the 

‘‘substantively the same’’ standard. In 

this instance, the preemptive effect of 

the proposed rule is limited to the 

minimum level necessary to achieve the 

objectives of the hazardous materials 

transportation law under which the 

final rule is promulgated. Therefore, the 

consultation and funding requirements 

of Executive Order 13132 do not apply. 

D. Executive Order 13175 

PHMSA analyzed this rulemaking in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’) 36

and DOT Order 5301.1 (‘‘Department of 

Transportation Policies, Programs, and 

Procedures Affecting American Indians, 

Alaska Natives, and Tribes’’). Executive 

Order 13175 and DOT Order 5301.1 

require DOT Operating Administrations 

to assure meaningful and timely input 

from Native American Tribal 

government representatives in the 

development of rules that significantly 

or uniquely affect Tribal communities 

by imposing ‘‘substantial direct 

compliance costs’’ or ‘‘substantial direct 

effects’’ on such communities or the 

relationship and distribution of power 

between the Federal government and 

Native American Tribes. 

PHMSA assessed the impact of the 

rulemaking and determined that it 

would not significantly or uniquely 

affect Tribal communities or Native 

American Tribal governments. The 

changes to the HMR proposed in this 

NPRM are facially neutral and would 

have broad, national scope; PHMSA, 

therefore, expects this rulemaking not to 

significantly or uniquely affect Tribal 

communities, much less impose 

substantial compliance costs on Native 

American Tribal governments or 

mandate Tribal action. And because 

PHMSA expects the rulemaking would 

not adversely affect the safe 

transportation of hazardous materials 

generally, PHMSA does not expect it 

would entail disproportionately high 

adverse risks for Tribal communities. 

For these reasons, PHMSA does not 

expect the funding and consultation 

requirements of Executive Order 13175 

and DOT Order 5301.1 to apply. 

However, PHMSA solicits comment 

from Native American Tribal 

governments and communities on 

potential impacts of the proposed 

rulemaking. 

E. Regulatory Flexibility Act and 

Executive Order 13272 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires agencies to 

review proposed regulations to assess 

their impact on small entities, unless 

the agency head certifies that a 

proposed rulemaking will not have a 

significant economic impact on a 

substantial number of small entities 

including small businesses, not-forprofit organizations that are 

independently owned and operated and 

are not dominant in their fields, and 

governmental jurisdictions with 

populations under 50,000. The 

Regulatory Flexibility Act directs 

agencies to establish exceptions and 

differing compliance standards for small 

businesses, where possible to do so and 

still meet the objectives of applicable 

regulatory statutes. Executive Order 

13272 (‘‘Proper Consideration of Small 

Entities in Agency Rulemaking’’) 37

requires agencies to establish 

procedures and policies to promote 

compliance with the Regulatory 

Flexibility Act and to ‘‘thoroughly 

review draft rules to assess and take 

appropriate account of the potential 

impact’’ of the rules on small 

businesses, governmental jurisdictions, 

and small organizations. The DOT posts 

its implementing guidance on a 

dedicated web page.38

This proposed rulemaking has been 

developed in accordance with Executive 

Order 13272 and with DOT’s procedures 

and policies to promote compliance 

with the Regulatory Flexibility Act to 

ensure that potential impacts of draft 

rules on small entities are properly 

considered. This proposed rule 

facilitates the transportation of 

hazardous materials in international 

commerce by providing consistency 

with international standards. It applies 

to offerors and carriers of hazardous 

materials, some of whom are small 

entities, such as chemical 

manufacturers, users, and suppliers, 


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packaging manufacturers, distributors, 

and training companies. As discussed at 

length in the PRIA in the rulemaking 

docket, the amendments in this 

proposed rule should result in net cost 

savings that would ease the regulatory 

compliance burden for those and other 

entities engaged in domestic and 

international commerce, including 

trans-border shipments within North 

America. Additionally, the changes 

proposed in this NPRM would relieve 

U.S. companies, including small entities 

competing in foreign markets, from the 

burden of complying with a dual system 

of regulations. Therefore, PHMSA 

expects that these amendments will not, 

if adopted, have a significant economic 

impact on a substantial number of small 

entities. However, PHMSA solicits 

comments on the anticipated economic 

impacts to small entities. 

F. Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (44 U.S.C. 3501 et seq.), no 

person is required to respond to an 

information collection unless it has 

been approved by OMB and displays a 

valid OMB control number. Pursuant to 

44 U.S.C. 3506(c)(2)(B) and 5 CFR 

1320.8(d), PHMSA must provide 

interested members of the public and 

affected agencies with an opportunity to 

comment on information collection and 

recordkeeping requests. 

PHMSA has analyzed this NPRM in 

accordance with the Paperwork 

Reduction Act. PHMSA currently 

accounts for shipping paper burdens 

under OMB Control Number 2137–0034, 

‘‘Hazardous Materials Shipping Papers 

and Emergency Response Information.’’ 

PHMSA proposes a number of 

amendments that may impact the 

burden accounted for in OMB Control 

Number 2137–0034. They include 

requiring the word ‘‘stabilized’’ as a part 

of the proper shipping name for 

‘‘UN2522, 2-Dimethlaminoethl 

methacrylate,’’ adding the applicable 

term ‘‘DAMAGED/DEFECTIVE,’’ 

‘‘LITHIUM BATTERIES FOR 

DISPOSAL’’ or ‘‘LITHIUM BATTERIES 

FOR RECYCLING’’, excepting marine 

pollutants from the requirement to 

supplement the proper shipping name 

with a technical name for UN3077 and 

UN3082, and requiring documentation 

of the holding time for refrigerated 

liquefied gases transported in portable 

tanks. However, while PHMSA 

estimates that there will be some impact 

in the annual burden related to shipping 

papers, PHMSA expects the overall 

impact to annual burden is negligible in 

relation to the number of burden hours 

currently associated with this 

information collection. 

OMB Control Number 2137–0051, 

‘‘Rulemaking, Special Permits, and 

Preemption Requirements,’’ currently 

accounts for burden associated with 

petitions for rulemaking, special permit 

applications, and preemption requests. 

PHMSA proposes to authorize certain 

ISO standard valves in § 173.301b(c)(2) 

and expand § 175.10 to allow passenger 

and crewmembers to carry certain 

Division 2.2 aerosols in carry-on 

baggage, both of which eliminate the 

need for use of a special permit. While 

PHMSA expects these proposals to 

reduce the burden associated with this 

information collection, PHMSA 

anticipates the reduction is negligible in 

relation to the total burden hours 

associated with special permit 

applications. 

PHMSA accounts for the burden from 

approval applications in OMB Control 

Number 2137–0557, ‘‘Approvals for 

Hazardous Materials.’’ PHMSA proposes 

to add a new HMT entry for ‘‘UN3549, 

Medical Waste, Category A, Affecting 

Humans, solid or Medical Waste, 

Category A, Affecting Animals only, 

solid’’ and require an approval for 

transportation in accordance with 

Special Provision 131, which PHMSA 

expects would increase the number of 

annual approval applicants. PHMSA 

also proposes to add new entries to the 

§ 173.225 Organic Peroxide Table, 

which PHMSA expects would decrease 

the number of annual approval 

applicants. However, PHMSA expects 

that these proposed changes are 

negligible to the overall impact of the 

total burden in relation to the number 

of burden hours associated with this 

information collection. 

PHMSA requests comments on the 

information collection and 

recordkeeping burdens associated with 

developing, implementing, and 

maintaining the proposed requirements 

in this NPRM. Address written 

comments to the DOT Docket 

Operations Office identified in the 

ADDRESSES section of this rulemaking. 

PHMSA must receive comments 

regarding information collection 

burdens prior to the close of the 

comment period identified in the DATES

section of this rulemaking. Requests for 

a copy of this information collection 

should be directed to Steven Andrews 

or Shelby Geller, Standards and 

Rulemaking Division (PHH–10), 

Pipeline and Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001. If these proposed requirements are 

adopted in a final rule, PHMSA will 

submit the revised information 

collection and recordkeeping 

requirements to OMB for approval. 

G. Regulation Identifier Number 

A regulation identifier number (RIN) 

is assigned to each regulatory action 

listed in the Unified Agenda of Federal 

Regulatory and Deregulatory Actions 

(‘‘Unified Agenda’’). The Regulatory 

Information Service Center publishes 

the Unified Agenda in April and 

October of each year; the most recent 

version was published in June 2021. 

The RIN contained in the heading of 

this document can be used to crossreference this action with the Unified 

Agenda. 

H. Unfunded Mandates Reform Act of 

1995 

The Unfunded Mandates Reform Act 

of 1995 (UMRA; 2 U.S.C. 1501 et seq.) 

requires agencies to assess the effects of 

Federal regulatory actions on State, 

local, and Tribal governments, and the 

private sector. For any NPRM or final 

rule that includes a Federal mandate 

that may result in the expenditure by 

State, local, and Tribal governments, or 

by the private sector of $100 million or 

more in 1996 dollars in any given year, 

the agency must prepare, amongst other 

things, a written statement that 

qualitatively and quantitatively assesses 

the costs and benefits of the Federal 

mandate. 

As explained in the PRIA, this 

proposed rulemaking does not impose 

unfunded mandates under the UMRA. It 

does not result in costs of $100 million 

or more in 1996 dollars to either State, 

local, or Tribal governments, or to the 

private sector, in any one year. A copy 

of the PRIA is available for review in the 

docket. 

I. Environmental Assessment 

The National Environmental Policy 

Act of 1969 (NEPA; 42 U.S.C. 4321 et 

seq.), requires that Federal agencies 

analyze proposed actions to determine 

whether the action would have a 

significant impact on the human 

environment. The Council on 

Environmental Quality implementing 

regulations (40 CFR parts 1500–1508) 

require Federal agencies to conduct an 

environmental review considering (1) 

the need for the action, (2) alternatives 

to the action, (3) probable 

environmental impacts of the action and 

alternatives, and (4) the agencies and 

persons consulted during the 

consideration process. DOT Order 

5610.1C (‘‘Procedures for Considering 

Environmental Impacts’’) establishes 

departmental procedures for evaluation 

of environmental impacts under NEPA 

and its implementing regulations. 


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1. Purpose and Need 

This NPRM would amend the HMR to 

maintain alignment with international 

consensus standards by incorporating 

into the HMR various amendments, 

including changes to proper shipping 

names, hazard classes, packing groups, 

special provisions, packaging 

authorizations, air transport quantity 

limitations, and vessel stowage 

requirements. PHMSA notes that the 

amendments proposed in this NPRM are 

intended to result in cost savings and 

reduced regulatory burden for shippers 

engaged in domestic and international 

commerce, including trans-border 

shipments within North America. 

Absent adoption of the amendments 

proposed in the NPRM, U.S. 

companies—including numerous small 

entities competing in foreign markets— 

may be at an economic disadvantage 

because of their need to comply with a 

dual system of regulations. Further, 

among the HMR amendments 

introduced in this rulemaking are those 

facilitating the transportation of critical 

vaccines and other medical materials 

associated with response to the COVID– 

19 public health emergency, and others 

aligning HMR requirements with 

anticipated increases in the volume of 

lithium batteries transported in 

interstate commerce from electrification 

of the transportation and other 

economic sectors. 

As explained at greater length above 

in the preamble of this NPRM and in the 

PRIA (each of which are incorporated by 

reference in this discussion of the 

environmental impacts of the Proposed 

Action Alternative), PHMSA expects the 

adoption of the regulatory amendments 

proposed in this NPRM would maintain 

the high safety standard currently 

achieved under the HMR. PHMSA has 

evaluated the safety each of the 

amendments proposed in this NPRM on 

its own merit, as well as the aggregate 

impact on transportation safety from 

adoption of those amendments. 

2. Alternatives 

In proposing this rulemaking, PHMSA 

is considering the following 

alternatives: 

No Action Alternative 

If PHMSA were to select the No 

Action Alternative, current regulations 

would remain in place and no 

provisions would be amended or added. 

Proposed Action Alternative 

This alternative is the current 

proposal as it appears in this NPRM, 

applying to transport of hazardous 

materials by various transport modes 

(highway, rail, vessel and aircraft). The 

proposed amendments included in this 

alternative are more fully discussed in 

the preamble and regulatory text 

sections of this NPRM. 

3. Reasonably Foreseeable 

Environmental Impacts of the 

Alternatives 

No Action Alternative 

If PHMSA were to select the No 

Action Alternative, the HMR would 

remain unchanged and no provisions 

would be amended or added. However, 

any economic benefits gained through 

harmonization of the HMR with 

updated international consensus 

standards (including, but not limited to, 

the 21st revised edition of the UN 

Model Regulations, the 2021–2022 

ICAO Technical Instructions and 

amendment 40–20 of the IMDG Code) 

governing shipping of hazardous 

materials would not be realized. 

Additionally, the No Action 

Alternative would not adopt enhanced 

and clarified regulatory requirements 

expected to maintain the high level of 

safety in transportation of hazardous 

materials provided by the HMR. As 

explained in the preamble to the NPRM, 

consistency between the HMR and 

current international standards can 

enhance safety by (1) ensuring that the 

HMR is informed by the latest best 

practices and lessons learned; (2) 

improving understanding of and 

compliance with pertinent 

requirements; (3) enabling consistent 

emergency response procedures in the 

event of a hazardous materials incident; 

and (4) facilitating the smooth flow of 

hazardous materials from their points of 

origin to their points of destination, 

thereby avoiding risks to the public and 

the environment from release of 

hazardous materials from delays or 

interruptions in the transportation of 

those materials. PHMSA would not 

capture those benefits if it were to pass 

on incorporating updated international 

standards into the HMR under the No 

Action Alternative. 

Additionally, some of the proposed 

HMR amendments are expected to better 

accommodate than the current HMR the 

safe transportation of emerging 

technologies (in particular lithium 

battery technologies), and facilitate safe 

shipment of vaccines and other 

hazardous materials associated with 

efforts to combat the COVID–19 public 

health emergency. As explained in the 

PRIA, PHMSA expects a significant 

increase in the volume of shipments of 

lithium batteries over time as more 

sectors of the U.S. domestic and 

international economies electrify; 

PHMSA’s proposed HMR amendments 

pertaining to lithium batteries (which 

touch on multiple stages in the lifecycle 

of a lithium battery) are intended to 

ensure that expansion occurs safely. 

Similarly, PHMSA understands that the 

response to the COVID–19 public health 

emergency will result in sustained 

demand for shipments of refrigerated 

packages employing data loggers 

transporting vaccines, as well as 

increased volumes of sanitizing 

chemicals and medical waste from 

diagnosis, treatment, and sanitization 

efforts; the HMR amendments within 

the Proposed Action Alternative are 

intended to address the risks associated 

with those COVID-related changes in 

transportation demand. The No Action 

Alternative, in contrast, would not 

amend the HMR to account for these 

emerging trends in demand for 

transportation of hazardous materials. 

PHMSA notes that the No Action 

Alternative would avoid any risks to 

public safety and the environment from 

the NPRM’s proposed authorization of 

shipments of hazardous materials 

offered pursuant to temporary 

certificates issued by Transport Canada. 

While the transportation of hazardous 

materials always entails risk, allowing 

the transportation of hazardous 

materials pursuant to temporary 

certificates issued by Transport Canada 

could facilitate shipments of hazardous 

materials that are not otherwise 

compliant with the HMR and do not 

meet an equivalent standard of safety. 

Arguably, this allowance could entail 

greater risks to public safety and the 

environment. However, based on years 

of collaboration, PHMSA considers 

Transport Canada to be a partner in 

hazardous materials safety and has 

confidence in the technical expertise 

and judgement of the hazardous 

materials safety SMEs at Transport 

Canada. PHMSA further submits that 

any risks are mitigated by (1) the 

technical review by Transport Canada 

subject matter experts to determine any 

shipments would be in the public 

interest, (2) the limited duration of those 

temporary certificates, (3) the terms and 

conditions imposed in those certificates, 

(4) other regulatory requirements under 

the TDG Regulations or the HMR that 

may remain applicable, and (5) 

PHMSA’s limitation of its recognition of 

temporary certificates to transportation 

via motor carrier and rail during the 

particular shipment authorized by a 

temporary certificate. 

PHMSA expects that the No Action 

Alternative could have a modest impact 

on GHG emissions. Because PHMSA 

expects the differences between the 

HMR and international standards for 

transportation of hazardous materials 


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39 59 FR 7629 (Feb. 11, 1994). 

40 86 FR 7009 (Jan. 20, 2021). 

41 86 FR 7037 (Jan. 20, 2021). 

42 86 FR 7619 (Feb. 1, 2021). 

could result in transportation delays or 

interruptions, PHMSA anticipates that 

there could be modestly higher GHG 

emissions from some combination of (1) 

transfer of delayed hazardous materials 

to and from interim storage, (2) return 

of improperly shipped materials to their 

point of origin, and (3) re-shipment of 

returned materials. PHMSA notes that it 

is unable to quantify such GHG 

emissions because of the difficulty in 

identifying the precise quantity or 

characteristics of such interim storage or 

returns/re-shipments. The less 

demanding holding time documentation 

requirements for refrigerated hazardous 

gasses under the current HMR could 

also result in more frequent venting of 

GHGs (including nitrous oxide, a potent 

GHG) from portable tanks during delays 

in transportation. PHMSA also submits 

that, as explained at greater length in 

Section IV.J., to the extent that there are 

any delays arising from inconsistencies 

between the HMR and recently updated 

international standards, there could also 

be adverse impacts from the No Action 

Alternative for minority populations, 

low-income populations, or other 

underserved and other disadvantaged 

communities. 

Proposed Action Alternative 

As explained further in the 

discussions in each of the No Action 

Alternative above, the preamble, and the 

PRIA, PHMSA anticipates the changes 

proposed under the Proposed Action 

Alternative will maintain the high safety 

standards currently achieved under the 

HMR. Harmonization of the HMR with 

updated international consensus 

standards is also expected to capture 

economic efficiencies gained from 

avoiding shipping delays and 

compliance costs associated with having 

to comply with divergent U.S. and 

international regulatory regimes for 

transportation of hazardous materials. 

Further, PHMSA expects revision of the 

HMR as proposed in the NPRM will 

accommodate safe transportation of 

emerging technologies (in particular 

lithium battery technologies), and 

facilitate safe shipment of vaccines and 

other hazardous materials critical in 

efforts to combat the COVID–19 public 

health emergency. 

PHMSA acknowledges that the 

Proposed Action Alternative could 

introduce risks to public safety and the 

environment from authorization of 

shipments of hazardous materials 

pursuant to temporary certificates 

issued by Transport Canada. As 

explained in the above discussion of the 

No Action Alternative, PHMSA 

understands that risk to be largely 

theoretical; PHMSA is unaware of 

evidence that hazardous material 

incidents have occurred as a result of or 

under the authority of temporary 

certificates. Further, PHMSA notes that 

the suite of other factors (including 

Transport Canada’s review process, 

certificate terms and conditions, and 

otherwise applicable regulatory 

requirements of the TDG Regulations 

and the HMR) would mitigate residual 

risks to public safety and the 

environment. 

PHMSA expects that Proposed Action 

Alternative could realize modest 

reductions in GHG emissions. Because 

PHMSA expects the differences between 

the HMR and international standards for 

transportation of hazardous materials 

could result in delays or interruptions, 

PHMSA anticipates that the No Action 

Alternative could result in modestly 

higher GHG emissions from some 

combination of (1) transfer of delayed 

hazardous materials to and from interim 

storage, (2) return of improperly 

shipped materials to their point of 

origin, or (3) re-shipment of returned 

materials. The Proposed Action 

Alternative avoids those risks resulting 

from divergence of the HMR from 

updated international standards. 

PHMSA notes, however, that it is unable 

to quantify any GHG emissions benefits 

because of the difficulty in identifying 

the precise quantity or characteristics of 

such interim storage or returns/reshipments. PHMSA also noted that the 

less demanding holding time 

documentation requirements for 

refrigerated hazardous gasses under the 

current HMR could also result in more 

frequent venting of GHGs (including 

nitrous oxide, a potent GHG) from 

portable tanks during delays in 

transportation than would occur under 

the Proposed Action Alternative. Lastly, 

PHMSA also submits that, as explained 

at greater length in Section IV.J., the 

Proposed Action Alternative would 

avoid any delayed or interrupted 

shipments arising from the divergence 

of the HMR from updated international 

standards under the No Action 

Alternative that could result in adverse 

impacts for minority populations, lowincome populations, or other 

underserved and other disadvantaged 

communities. 

4. Agencies Consulted 

PHMSA has coordinated with the 

Federal Aviation Administration, the 

Federal Motor Carrier Safety 

Administration, the Federal Railroad 

Administration, and the U.S. Coast 

Guard in the development of this 

proposed rule. PHMSA solicits, and will 

consider, comments on the NPRM’s 

potential impacts on the human 

environment submitted by members of 

the public, state and local governments, 

tribal communities and industry. 

5. Proposed Finding of No Significant 

Impact 

PHMSA expects the adoption of the 

Proposed Action Alternative’s 

regulatory amendments will maintain 

the HMR’s current high level of safety 

for shipments of hazardous materials 

transported by highway, rail, aircraft, 

and vessel, and as such finds the HMR 

amendments in the NPRM would have 

no significant impact on the human 

environment. PHMSA expects that the 

Proposed Action Alternative will avoid 

adverse safety, environmental justice, 

and GHG emissions impacts of the No 

Action Alternative. Furthermore, based 

on PHMSA’s analysis of these 

provisions described above, PHMSA 

proposes to find that codification and 

implementation of this rule would not 

result in a significant impact to the 

human environment. 

PHMSA welcomes any views, data, or 

information related to environmental 

impacts that may result from NPRM’s 

proposed requirements, the No Action 

Alternative, and other viable 

alternatives and their environmental 

impacts. 

J. Environmental Justice 

DOT Order 5610.2C (Department of 

Transportation Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’) and Executive Orders 

12898 (‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’),39 13985 (‘‘Advancing 

Racial Equity and Support for 

Underserved Communities Through the 

Federal Government’’),40 13990 

(‘‘Protecting Public Health and the 

Environment and Restoring Science To 

Tackle the Climate Crisis’’),41 and 14008 

(‘‘Tackling the Climate Crisis at Home 

and Abroad’’) 42 require DOT agencies to 

achieve environmental justice as part of 

their mission by identifying and 

addressing, as appropriate, 

disproportionately high and adverse 

human health or environmental effects, 

including interrelated social and 

economic effects of their programs, 

policies, and activities on minority 

populations, low-income populations, 

and other underserved and 

disadvantaged communities. 


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43 65 FR 19477 (Apr. 11, 2000). 

44 77 FR 26413 (May. 4, 2012). 45 66 FR 28355 (May 22, 2001). 

PHMSA has evaluated this proposed 

rule under the above Executive Orders 

and DOT Order 5610.2C. PHMSA does 

not expect the proposed rule, if 

finalized, to cause disproportionately 

high and adverse human health and 

environmental effects on minority, lowincome, underserved, and other 

disadvantaged populations and 

communities. The rulemaking is facially 

neutral and national in scope; it is 

neither directed toward a particular 

population, region, or community, nor 

is it expected to adversely impact any 

particular population, region, or 

community. And because PHMSA 

expects the rulemaking would not 

adversely affect the safe transportation 

of hazardous materials generally, 

PHMSA does not expect the proposed 

revisions would entail 

disproportionately high adverse risks for 

minority populations, low-income 

populations, or other underserved and 

other disadvantaged communities. 

PHMSA submits that the proposed 

rulemaking could in fact reduce risks to 

minority populations, low-income 

populations, or other underserved and 

other disadvantaged communities. 

Because the proposed HMR 

amendments could avoid the release of 

hazardous materials and reduce the 

frequency of delays and returned/ 

resubmitted shipments of hazardous 

materials resulting from conflict 

between the current HMR and updated 

international standards, the proposed 

rule could reduce risks to populations 

and communities—including any 

minority, low-income, underserved and 

other disadvantaged populations and 

communities—in the vicinity of interim 

storage sites and transportation arteries 

and hubs. Additionally, as explained in 

the above discussion of NEPA, PHMSA 

expects that its proposed HMR 

amendments will yield modest GHG 

emissions reductions, thereby reducing 

the risks posed by anthropogenic 

climate change to minority, low-income, 

underserved, and other disadvantaged 

populations and communities. 

PHMSA solicits comment from 

minority, low-income, underserved, and 

other disadvantaged populations and 

communities on potential impacts of the 

proposed rulemaking. 

K. Privacy Act 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to better inform its rulemaking process. 

DOT posts these comments, without 

edit, including any personal information 

the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS). DOT’s complete Privacy Act 

Statement is in the Federal Register 

published on April 11, 2000,43 or on 

DOT’s website at http://www.dot.gov/ 

privacy. 

L. Executive Order 13609 and 

International Trade Analysis 

Executive Order 13609 (‘‘Promoting 

International Regulatory 

Cooperation’’) 44 requires that agencies 

consider whether the impacts associated 

with significant variations between 

domestic and international regulatory 

approaches are unnecessary or may 

impair the ability of American business 

to export and compete internationally. 

In meeting shared challenges involving 

health, safety, labor, security, 

environmental, and other issues, 

international regulatory cooperation can 

identify approaches that are at least as 

protective as those that are or would be 

adopted in the absence of such 

cooperation. International regulatory 

cooperation can also reduce, eliminate, 

or prevent unnecessary differences in 

regulatory requirements. 

Similarly, the Trade Agreements Act 

of 1979 (Pub. L. 96–39), as amended by 

the Uruguay Round Agreements Act 

(Pub. L. 103–465) (as amended, the 

Trade Agreements Act), prohibits 

agencies from establishing any 

standards or engaging in related 

activities that create unnecessary 

obstacles to the foreign commerce of the 

United States. Pursuant to the Trade 

Agreements Act, the establishment of 

standards is not considered an 

unnecessary obstacle to the foreign 

commerce of the United States, so long 

as the standards have a legitimate 

domestic objective, such as providing 

for safety, and do not operate to exclude 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. 

PHMSA participates in the 

establishment of international standards 

to protect the safety of the American 

public, and it has assessed the effects of 

the proposed rule to ensure that it does 

not cause unnecessary obstacles to 

foreign trade. In fact, the proposed rule 

is expected to facilitate international 

trade by harmonizing U.S. and 

international requirements for the 

transportation of hazardous materials so 

as to reduce regulatory burdens and 

minimize delays arising from having to 

comply with divergent regulatory 

requirements. Accordingly, this 

rulemaking is consistent with Executive 

Order 13609 and PHMSA’s obligations 

under the Trade Agreements Act. 

M. National Technology Transfer and 

Advancement Act 

The NTTAA directs federal agencies 

to use voluntary consensus standards in 

their regulatory activities unless doing 

so would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specification 

of materials, test methods, or 

performance requirements) that are 

developed or adopted by voluntary 

consensus standard bodies. This 

rulemaking involves multiple voluntary 

consensus standards which are 

discussed at length in the discussion on 

§ 171.7. See Section 171.7 of the 

Section-by-Section Review for further 

details. 

N. Executive Order 13211 

Executive Order 13211 (‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’) 45 requires 

Federal agencies to prepare a Statement 

of Energy Effects for any ‘‘significant 

energy action.’’ Executive Order 13211 

defines a ‘‘significant energy action’’ as 

any action by an agency (normally 

published in the Federal Register) that 

promulgates, or is expected to lead to 

the promulgation of, a final rule or 

regulation that (1)(i) is a significant 

regulatory action under Executive Order 

12866 or any successor order and (ii) is 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy (including a shortfall in supply, 

price increases, and increased use of 

foreign supplies); or (2) is designated by 

the Administrator of the Office of 

Information and Regulatory Affairs 

(OIRA) as a significant energy action. 

This proposed rule is not a significant 

action under Executive Order 12866, 

nor is it expected to have an annual 

effect on the economy of $100 million. 

Further, this action is not expected to 

have a significant adverse effect on the 

supply, distribution, or use of energy in 

the United States. The Administrator of 

OIRA has not designated the proposed 

rule as a significant energy action. For 

additional discussion of the anticipated 

economic impact of this rulemaking, 

please review the PRIA posted in the 

rulemaking docket. 

List of Subjects 

49 CFR Part 171 

Exports, Hazardous materials 

transportation, Hazardous waste, 

Imports, Incorporation by reference, 


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Reporting and recordkeeping 

requirements. 

49 CFR Part 172 

Education, Hazardous materials 

transportation, Hazardous waste, 

Incorporation by reference, Labeling, 

Markings, Packaging and containers, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 173 

Hazardous materials transportation, 

Incorporation by reference, Packaging 

and containers, Radioactive materials, 

Reporting and recordkeeping 

requirements, Uranium. 

49 CFR Part 175 

Air carriers, Hazardous materials 

transportation, Radioactive materials, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 176 

Maritime carriers, Hazardous 

materials transportation, Incorporation 

by reference, Radioactive materials, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 178 

Hazardous materials transportation, 

Incorporation by reference, Motor 

vehicle safety, Packaging and 

containers, Reporting and recordkeeping 

requirements. 

49 CFR Part 180 

Hazardous materials transportation, 

Motor carriers, Motor vehicle safety, 

Packaging and containers, Railroad 

safety, Reporting and recordkeeping 

requirements. 

In consideration of the foregoing, 

PHMSA proposes to amend 49 CFR 

chapter I as follows: 

PART 171—GENERAL INFORMATION, 

REGULATIONS, AND DEFINITIONS 

■ 1. The authority citation for part 171 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 

Pub. L. 101–410 section 4; Pub. L. 104–134, 

section 31001; Pub. L. 114–74 section 4 (28 

U.S.C. 2461 note); 49 CFR 1.81 and 1.97. 

■ 2. Amend § 171.7 by: 

■ a. Revising paragraphs (s)(1), (t)(1), 

and (v)(2); 

■ b. Revising paragraphs (w)(38) 

through (77) and adding paragraphs 

(w)(78) through (81); and 

■ c. Revising paragraphs (aa)(3), and 

(dd)(1) through (4). 

The revisions and additions read as 

follows: 

§ 171.7 Reference Material. 

* * * * * 

(s) * * * 

(1) IAEA Regulations for the Safe 

Transport of Radioactive Material, 

Safety Standards Series No. SSR–6 

(Rev.1), 2018 Edition, into §§ 171.22; 

171.23; 171.26; 173.415; 173.416; 

173.417; 173.435; 173.473. 

* * * * * 

(t) * * * 

(1) Technical Instructions for the Safe 

Transport of Dangerous Goods by Air 

(ICAO Technical Instructions), 2021– 

2022 Edition, copyright 2020 into 

§§ 171.8; 171.22; 171.23; 171.24; 

172.101; 172.202; 172.401; 172.407; 

172.512; 172.519; 172.602; 173.56; 

173.320; 175.10, 175.33; 178.3. 

* * * * * 

(v) * * * 

(2) International Maritime Dangerous 

Goods Code (IMDG Code), Incorporating 

Amendment 40–20 (English Edition), 

Volumes 1 and 2, 2020 Edition, into 

§§ 171.22; 171.23; 171.25; 172.101; 

172.202; 172.203 172.401; 172.407; 

172.502; 172.519; 172.602; 173.21; 

173.56; 176.2; 176.5; 176.11; 176.27; 

176.30; 176.83; 176.84; 176.140; 

176.720; 176.906; 178.3; 178.274. 

(w) * * * 

(38) ISO 10156:2017(E), Gas 

cylinders—Gases and gas mixtures— 

Determination of fire potential and 

oxidizing ability for the selection of 

cylinder valve outlets, Fourth edition, 

2017–07–01, into § 173.115. 

(39) ISO 10297:1999(E), Gas 

cylinders—Refillable gas cylinder 

valves—Specification and type testing, 

First Edition, 1995–05–01, into 

§§ 173.301b; 178.71. 

(40) ISO 10297:2006(E), Transportable 

gas cylinders—Cylinder valves— 

Specification and type testing, Second 

Edition, 2006–01–15, into §§ 173.301b; 

178.71. 

(41) ISO 10297:2014(E), Gas 

cylinders—Cylinder valves— 

Specification and type testing, Third 

Edition, 2014–07–15, into §§ 173.301b; 

178.71. 

(42) ISO 10297:2014/Amd 1:2017(E), 

Gas cylinders—Cylinder valves— 

Specification and type testing— 

Amendment 1: Pressure drums and 

tubes, Third Edition, 2017–03, into 

§§ 173.301b; 178.71. 

(43) ISO 10461:2005(E), Gas 

cylinders—Seamless aluminum-alloy 

gas cylinders—Periodic inspection and 

testing, Second Edition, 2005–02–15 

and Amendment 1, 2006–07–15, into 

§ 180.207. 

(44) ISO 10462:2013(E), Gas 

cylinders—Acetylene cylinders— 

Periodic inspection and maintenance, 

Third edition, 2013–12–15, into 

§ 180.207. 

(45) ISO 10692–2:2001(E), Gas 

cylinders—Gas cylinder valve 

connections for use in the microelectronics industry—Part 2: 

Specification and type testing for valve 

to cylinder connections, First Edition, 

2001–08–01, into §§ 173.40; 173.302c. 

(46) ISO 11114–1:2012(E), Gas 

cylinders—Compatibility of cylinder 

and valve materials with gas contents— 

Part 1: Metallic materials, Second 

edition, 2012–03–15, into §§ 172.102; 

173.301b; 178.71. 

(47) ISO 11114–1:2012/Amd 

1:2017(E), Gas cylinders—Compatibility 

of cylinder and valve materials with gas 

contents—Part 1: Metallic materials— 

Amendment 1, Second Edition, 2017– 

01–01, into §§ 172.102, 173.301b, 

178.71. 

(48) ISO 11114–2:2013(E), Gas 

cylinders—Compatibility of cylinder 

and valve materials with gas contents— 

Part 2: Non-metallic materials, Second 

edition, 2013–04–01, into §§ 173.301b; 

178.71. 

(49) ISO 11117:1998(E): Gas 

cylinders—Valve protection caps and 

valve guards for industrial and medical 

gas cylinders—Design, construction and 

tests, First edition, 1998–08–01, into 

§ 173.301b. 

(50) ISO 11117:2008(E): Gas 

cylinders—Valve protection caps and 

valve guards—Design, construction and 

tests, Second edition, 2008–09–01, into 

§ 173.301b. 

(51) ISO 11117:2008/Cor.1:2009(E): 

Gas cylinders—Valve protection caps 

and valve guards—Design, construction 

and tests, Technical Corrigendum 1, 

2009–05–01, into § 173.301b. 

(52) ISO 11118(E), Gas cylinders— 

Non-refillable metallic gas cylinders— 

Specification and test methods, First 

edition, October 1999, into § 178.71. 

(53) ISO 11118:2015(E), Gas 

cylinders—Non-refillable metallic gas 

cylinders—Specification and test 

methods, Second edition, 2015–09–15, 

into § 178.71. 

(54) ISO 11119–1(E), Gas cylinders— 

Gas cylinders of composite 

construction—Specification and test 

methods—Part 1: Hoop-wrapped 

composite gas cylinders, First edition, 

May 2002, into § 178.71. 

(55) ISO 11119–1:2012(E), Gas 

cylinders—Refillable composite gas 

cylinders and tubes—Design, 

construction and testing— Part 1: Hoop 

wrapped fibre reinforced composite gas 

cylinders and tubes up to 450 L, Second 

edition, 2012–08–01, into §§ 178.71; 

178.75. 

(56) ISO 11119–2(E), Gas cylinders— 

Gas cylinders of composite 

construction—Specification and test 

methods—Part 2: Fully wrapped fibre 


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reinforced composite gas cylinders with 

load-sharing metal liners, First edition, 

May 2002, into § 178.71. 

(57) ISO 11119–2:2012(E), Gas 

cylinders—Refillable composite gas 

cylinders and tubes—Design, 

construction and testing—Part 2: Fully 

wrapped fibre reinforced composite gas 

cylinders and tubes up to 450 l with 

load-sharing metal liners, Second 

edition, 2012–07–15, into §§ 178.71; 

178.75. 

(58) ISO 11119–2:2012/ 

Amd.1:2014(E), Gas cylinders— 

Refillable composite gas cylinders and 

tubes—Design, construction and 

testing—Part 2: Fully wrapped fibre 

reinforced composite gas cylinders and 

tubes up to 450 l with load-sharing 

metal liners, Amendment 1, 2014–08– 

15, into §§ 178.71; 178.75. 

(59) ISO 11119–3(E), Gas cylinders of 

composite construction—Specification 

and test methods—Part 3: Fully 

wrapped fibre reinforced composite gas 

cylinders with non-load-sharing 

metallic or non-metallic liners, First 

edition, September 2002, into § 178.71. 

(60) ISO 11119–3:2013(E), Gas 

cylinders— Refillable composite gas 

cylinders and tubes—Design, 

construction and testing—Part 3: Fully 

wrapped fibre reinforced composite gas 

cylinders and tubes up to 450 l with 

non-load-sharing metallic or nonmetallic liners, Second edition, 2013– 

04–15, into §§ 178.71; 178.75. 

(61) ISO 11119–4:2016(E), Gas 

cylinders—Refillable composite gas 

cylinders—Design, construction and 

testing—Part 4: Fully wrapped fibre 

reinforced composite gas cylinders up to 

150 l with load-sharing welded metallic 

liners, First Edition, 2016–02–01, into 

§ 178.71; 178.75. 

(62) ISO 11120 (E), Gas cylinders— 

Refillable seamless steel tubes for 

compressed gas transport, of water 

capacity between 150 l and 3000 l— 

Design, construction and testing, First 

edition, 1999–03, into §§ 178.71; 178.75. 

(63) ISO 11120:2015(E), Gas 

cylinders—Refillable seamless steel 

tubes of water capacity between 150 l 

and 3000 l—Design, construction and 

testing, Second Edition, 2015–02–01, 

into §§ 178.71; 178.75. 

(64) ISO 11513:2011(E), Gas 

cylinders—Refillable welded steel 

cylinders containing materials for subatmospheric gas packaging (excluding 

acetylene)—Design, construction, 

testing, use and periodic inspection, 

First edition, 2011–09–12, into 

§§ 173.302c; 178.71; 180.207. 

(65) ISO 11621(E), Gas cylinders— 

Procedures for change of gas service, 

First edition, April 1997, into 

§§ 173.302, 173.336, 173.337. 

(66) ISO 11623(E), Transportable gas 

cylinders—Periodic inspection and 

testing of composite gas cylinders, First 

edition, March 2002, into § 180.207. 

(67) ISO 11623(E), Transportable gas 

cylinders—Periodic inspection and 

testing of composite gas cylinders, 

Second edition, 2015–12–01, into 

§ 180.207. 

(68) ISO 13340:2001(E), Transportable 

gas cylinders—Cylinder valves for nonrefillable cylinders—Specification and 

prototype testing, First edition, 2004– 

04–01, into §§ 173.301b; 178.71. 

(69) ISO 13736:2008(E), 

Determination of flash point—Abel 

closed-cup method, Second Edition, 

2008–09–15, into § 173.120. 

(70) ISO 14246:2014(E), Gas 

cylinders—Cylinder valves— 

Manufacturing tests and examination, 

Second Edition, 2014–06–15, into 

§ 178.71. 

(71) ISO 14246:2014/Amd 1:2017(E), 

Gas cylinders—Cylinder valves— 

Manufacturing tests and examinations 

–Amendment 1, Second Edition, 2017– 

06–01, into § 178.71. 

(72) ISO 16111:2008(E), Transportable 

gas storage devices—Hydrogen absorbed 

in reversible metal hydride, First 

Edition, 2008–11–15, into §§ 173.301b; 

173.311; 178.71. 

(73) ISO 16148:2016(E), Gas 

cylinders—Refillable seamless steel gas 

cylinders and tubes—Acoustic emission 

examination (AT) and follow-up 

ultrasonic examination (UT) for periodic 

inspection and testing, Second Edition, 

2016–04–15, into § 180.207. 

(74) ISO 17871:2015(E), Gas 

cylinders—Quick-release cylinder 

valves—Specification and type testing, 

First Edition, 2015–08–15, into 

§ 173.301. 

(75) ISO 17879: 2017(E), Gas 

cylinders—Self-closing cylinder 

valves—Specification and type testing, 

First Edition, 2017–07–01, into 

§§ 173.301b and 178.71. 

(76) ISO 18172–1:2007(E), Gas 

cylinders—Refillable welded stainless 

steel cylinders—Part 1: Test pressure 6 

MPa and below, First Edition, 2007–03– 

01, into § 178.71. 

(77) ISO 20475:2018(E), Gas 

cylinders—Cylinder bundles—Periodic 

inspection and testing, First Edition, 

2018–02–01, into § 180.207. 

(78) ISO 20703:2006(E), Gas 

cylinders—Refillable welded 

aluminum-alloy cylinders—Design, 

construction and testing, First Edition, 

2006–05–01, into § 178.71. 

(79) ISO 21172–1:2015(E), Gas 

cylinders—Welded steel pressure drums 

up to 3 000 litres capacity for the 

transport of gases—Design and 

construction—Part 1: Capacities up to 

1000 litres, First edition, 2015–04–01, 

into § 178.71. 

(80) ISO 22434:2006(E), Transportable 

gas cylinders—Inspection and 

maintenance of cylinder valves, First 

Edition, 2006–09–01, into § 180.207. 

(81) ISO/TR 11364:2012(E), Gas 

cylinders—Compilation of national and 

international valve system/gas cylinder 

neck threads and their identification 

and marking system, First Edition, 

2012–12–01, into § 178.71. 

* * * * * 

(aa) * * * 

(3) Test No. 431: In Vitro Skin 

Corrosion: Reconstructed Human 

Epidermis (RHE) Test Method, OECD 

Guidelines for the Testing of Chemicals, 

29 July 2016, into § 173.137. 

* * * * * 

(dd) * * * 

(1) UN Recommendations on the 

Transport of Dangerous Goods, Model 

Regulations (UN Recommendations), 

21st revised edition, Volumes I and II, 

ST/SG/AC.10.1/21/Rev.21, (2019), into 

§§ 171.8; 171.12; 172.202; 172.401; 

172.407; 172.502; 172.519; 173.22; 

173.24; 173.24b; 173.40; 173.56; 

173.192; 173.302b; 173.304b; 178.75; 

178.274. 

(2) Manual of Tests and Criteria, 7th 

revised edition, ST/SG/AC.10/11/Rev.7 

(2019), into §§ 171.24, 172.102; 173.21; 

173.56; 173.57; 173.58; 173.60; 173.115; 

173.124; 173.125; 173.127; 173.128; 

173.137; 173.185; 173.220; 173.221; 

173.224; 173.225; 173.232; part 173, 

appendix H; 175.10; 176.905; 178.274. 

(3) Globally Harmonized System of 

Classification and Labelling of 

Chemicals (GHS), 8th revised edition, 

ST/SG/AC.10/30/Rev.8 (2019), into 

§ 172.401. 

(4) ECE/TRANS/300 (Vol. I and II), 

Agreement concerning the International 

Carriage of Dangerous Goods by Road 

(ADR), copyright 2020, into § 171.23. 

* * * * * 

■ 3. In § 171.8, the definitions for 

‘‘SADT’’ and ‘‘SAPT’’ are revised to read 

as follows: 

§ 171.8 Definitions and abbreviations. 

* * * * * 

SADT means self-accelerated 

decomposition temperature and is the 

lowest temperature at which selfaccelerating decomposition may occur 

in a substance in the packaging, IBC, or 

portable tank offered for transport. See 

also § 173.21(f) of this subchapter. 

* * * * * 

SAPT means self-accelerated 

polymerization temperature and is the 

lowest temperature at which selfaccelerating polymerization may occur 

with a substance in the packaging, IBC, 


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or portable tank as offered for transport. 

See also § 173.21(f) of this subchapter. 

This definition will be effective until 

January 2, 2023. 

* * * * * 

■ 4. In § 171.12, paragraph (a)(1) is 

revised to read as follows: 

§ 171.12 North American Shipments. 

(a) * * * 

(1) A hazardous material transported 

from Canada to the United States, from 

the United States to Canada, or 

transiting the United States to Canada or 

a foreign destination may be offered for 

transportation or transported by motor 

carrier and rail in accordance with the 

Transport Canada TDG Regulations 

(IBR, see § 171.7), an equivalency 

certificate (permit for equivalent level of 

safety), or a temporary certificate 

(permit in support of public interest) 

issued by Transport Canada as an 

alternative to the TDG Regulations, as 

authorized in § 171.22, provided the 

requirements in §§ 171.22 and 171.23, 

as applicable, and this section are met. 

In addition, a cylinder, pressure drum, 

MEGC, cargo tank motor vehicle, 

portable tank or rail tank car authorized 

by the Transport Canada TDG 

Regulations may be used for 

transportation to, from, or within the 

United States provided the cylinder, 

pressure drum, MEGC, cargo tank motor 

vehicle, portable tank, or rail tank car 

conforms to the applicable requirements 

of this section. Except as otherwise 

provided in this subpart and subpart C 

of this part, the requirements in parts 

172, 173, and 178 of this subchapter do 

not apply for a material transported in 

accordance with the Transport Canada 

TDG Regulations. 

* * * * * 

■ 5. In § 171.23, paragraph (a)(3) is 

revised to read as follows: 

§ 171.23 Requirements for specific 

materials and packagings transported 

under the ICAO Technical Instructions, 

IMDG Code, Transport Canada TDG 

Regulations, or the IAEA Regulations. 

(a) * * * 

(3) Pi-marked pressure receptacles. 

Pressure receptacles that are marked 

with a pi mark in accordance with the 

European Directive 2010/35/EU (IBR, 

see § 171.7) on transportable pressure 

equipment (TPED) and that comply with 

the requirements of Packing Instruction 

P200 or P208 and 6.2 of the ADR (IBR, 

see § 171.7) concerning pressure relief 

device use, test period, filling ratios, test 

pressure, maximum working pressure, 

and material compatibility for the lading 

contained or gas being filled, are 

authorized as follows: 

* * * * * 

PART 172—HAZARDOUS MATERIALS 

TABLE, SPECIAL PROVISIONS, 

HAZARDOUS MATERIALS 

COMMUNICATIONS, EMERGENCY 

RESPONSE INFORMATION, TRAINING 

REQUIREMENTS, AND SECURITY 

PLANS 

■ 6. The authority citation for part 172 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 49 

CFR 1.81, 1.96 and 1.97. 

■ 7. In § 172.101, The Hazardous 

Materials Table is amended by removing 

the entries under ‘‘[REMOVE],’’ by 

adding the entries under ‘‘[ADD,]’’ and 

by revising entries under ‘‘[REVISE]’’ in 

the appropriate alphabetical sequence. 

The additions and revisions read as 

follows: 

§ 172.101 Purpose and use of the 

hazardous materials table. 

* * * * * 


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Symbols Hazardous materials descriptions and proper shipping names Hazard class or division Identification No. PG Label codes Special Provisions (§ 172.102) 

(8) (9) (10) 

Packaging 

(§ 173.***) 

Quantity limitations 

(see §§ 173.27 and 175.75) 

Vessel stowage 

Exceptions Non-bulk Bulk Passenger aircraft/rail Cargo air-craft only Location Other 

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) 

[REMOVE] 

* * * * * * * 

Battery-powered vehicle or Batterypowered equipment. 9 UN3171 ...................... 9 ................... 134 ............................. 220 ............... 220 ............... None ............ No limit ........ No limit ........ A ..................

* * * * * * * 

Dangerous Goods in Machinery or 

Dangerous Goods in Apparatus.

9 UN3363 ...................... ...................... 136, A105 ................... None ............ 222 ............... None ............ See A105 ..... See A105 ..... A ..................

* * * * * * * 

2-Dimethylaminoethyl methacrylate .... 6.1 UN2522 II ................... 6.1 ................ IB2, T7, TP2 ............... 153 ............... 202 ............... 243 ............... 5 L ............... 60 L ............. B .................. 40 Fuel system components (including 

fuel control units (FCU), carburetors, fuel lines, fuel pumps) see Dangerous Goods in Apparatus or Dangerous Goods in Machinery.

Regulated medical waste, n.o.s. or 

Clinical waste, unspecified, n.o.s. or (BIO) Medical waste, n.o.s. or Biomedical waste, n.o.s., or Medical 

Waste n.o.s..

6.2 UN3291 II ................... 6.2 ................ 41, 337, A13 ............... 134 ............... 197 ............... 197 ............... No limit ........ No limit ........ B .................. 40 

* * * * * * * 

[ADD] 

* * * * * * * 

Battery-powered vehicle or Batterypowered equipment. 9 UN3171 ...................... 9 ................... 134, 360 ..................... 220 ............... 220 ............... None ............ No limit ........ No limit ........ A ..................

*******

Dangerous goods in articles or Dangerous goods in machinery or Dangerous goods in apparatus. 9 UN3363 ...................... ...................... 136, A105 ................... None ............ 222 ............... None ............ See A105 ..... See A105 ..... A ..................

*******

Detonators, electronic programmable 

for blasting.

1.1B UN0511 ...................... 1.1B ............. 148 ............................. 63(f), 63(g) ... 62 ................. None ............ Forbidden .... Forbidden .... 05 ................. 25 

Detonators, electronic programmable 

for blasting.

1.4B UN0512 ...................... 1.4B ............. 103 ............................. 63(f), 63(g) ... 62 ................. None ............ Forbidden .... 75 kg ............ 05 ................. 25 

Detonators, electronic programmable 

for blasting.

1.4S UN0513 ...................... 1.4S ............. 148, 347 ..................... 63(f), 63(g) ... 62 ................. None ............ 25 kg ............ 100 kg .......... 01 ................. 25 

*******

2-Dimethylaminoethyl methacrylate, 

stabilized.

6.1 UN2522 II ................... 6.1 ................ 387, IB2, T7, TP2 ....... 153 ............... 202 ............... 243 ............... 5 L ............... 60 L ............. B .................. 40 

*******

Fuel system components (including 

fuel control units (FCU), carburetors, fuel lines, fuel pumps) see Dangerous Goods in Apparatus or Dangerous Goods in Articles or Dangerous Goods in Machinery.

Medical waste, category A, affecting 

humans, solid or Medical waste, category A, affecting animals only, solid.

6.2 UN3549 ...................... 6.2 ................ 131, 430 ..................... ...................... ...................... ...................... ...................... ...................... ......................

Regulated medical waste, n.o.s. or 

Clinical waste, unspecified, n.o.s. or (BIO) Medical waste, n.o.s. or Biomedical waste, n.o.s., or Medical 

Waste n.o.s..

6.2 UN3291 ...................... 6.2 ................ 41, 337, A13 ............... 134 ............... 197 ............... 197 ............... No limit ........ No limit ........ B .................. 40 

*******

[REVISE] 


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(see §§ 173.27 and 175.75) 

Vessel stowage 

Exceptions Non-bulk Bulk Passenger aircraft/rail Cargo air-craft only Location Other 

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) 

*******

Aerosols, corrosive, Packing Group II 

or III, (each not exceeding 1 L capacity).

2.2 UN1950 ...................... 2.2, 8 ........... A34 ............................. 306 ............... None ............ None ............ 75 kg ............ 150 kg .......... A .................. 25, 87, 126, 

157 

Aerosols, flammable, (each not exceeding 1 L capacity). 2.1 UN1950 ...................... 2.1 ................ N82 ............................. 306 ............... None ............ None ............ 75 kg ............ 150 kg .......... A .................. 25, 87, 126, 157 

Aerosols, flammable, n.o.s. (engine 

starting fluid) (each not exceeding 1 L capacity).

2.1 UN1950 ...................... 2.1 ................ N82 ............................. 306 ............... 304 ............... None ............ Forbidden .... 150 kg .......... A .................. 25, 87, 126, 

157 

Aerosols, non-flammable, (each not 

exceeding 1 L capacity).

2.2 UN1950 ...................... 2.2 ................ ..................................... 306 ............... None ............ None ............ 75 kg ............ 150 kg .......... A .................. 25, 87, 126, 

157 

Aerosols, poison, Packing Group III 

(each not exceeding 1 L capacity).

2.2 UN1950 ...................... 2.2, 6.1 ........ ..................................... 306 ............... None ............ None ............ Forbidden .... Forbidden .... A .................. 25, 87, 126, 

157 

* * * * * * * 

G .............. Alcoholates solution, n.o.s., in alcohol 3 UN3274 II ................... 3, 8 .............. IB2 .............................. 150 ............... 202 ............... 243 ............... 1 L ............... 5 L ............... B .................. 52 

* * * * * * * 

G .............. Alkali metal alcoholates, self-heating, 

corrosive, n.o.s..

4.2 UN3206 II ................... 4.2, 8 ........... 64, A7, IB5, IP2, T3, 

TP33, W31.

None ............ 212 ............... 242 ............... 15 kg ............ 50 kg ............ B .................. 52 

.................. III .................. 4.2, 8 ........... 64, A7, IB8, IP3, T1, 

TP33, W31.

None ............ 213 ............... 242 ............... 25 kg ............ 10 kg ............ B .................. 52 

*******

G .............. Articles containing a substance liable 

to spontaneous combustion, n.o.s..

4.2 UN3542 ...................... 4.2 ................ 131, 391 ..................... None ............ 214 ............... 214 ............... Forbidden .... Forbidden .... ......................

G .............. Articles containing a substance which 

in contact with water emits flammable gases, n.o.s..

4.3 UN3543 ...................... 4.3 ................ 131, 391 ..................... None ............ 214 ............... 214 ............... Forbidden .... Forbidden .... ......................

G .............. Articles containing corrosive substance, n.o.s.. 8 UN3547 ...................... 8 ................... 391 ............................. None ............ 232 ............... 232 ............... Forbidden .... Forbidden .... B ..................

G .............. Articles containing flammable gas, 

n.o.s..

2.1 UN3537 ...................... 2.1 ................ 391 ............................. None ............ 232 ............... 232 ............... Forbidden .... Forbidden .... D ..................

G .............. Articles containing flammable liquid, 

n.o.s..

3 UN3540 ...................... 3 ................... 391 ............................. None ............ 232 ............... 232 ............... Forbidden .... Forbidden .... B ..................

G .............. Articles containing flammable solid, 

n.o.s..

4.1 UN3541 ...................... 4.1 ................ 391 ............................. None ............ 232 ............... 232 ............... Forbidden .... Forbidden .... B ..................

G .............. Articles containing miscellaneous dangerous goods, n.o.s.. 9 UN3548 ...................... 9 ................... 391 ............................. None ............ 232 ............... 232 ............... Forbidden .... Forbidden .... A ..................

G .............. Articles containing non-flammable, 

non-toxic gas, n.o.s..

2.2 UN3538 ...................... 2.2 ................ 391 ............................. None ............ 232 ............... 232 ............... Forbidden .... Forbidden .... A ..................

G .............. Articles containing organic peroxide, 

n.o.s..

5.2 UN3545 ...................... 5.2 ................ 131, 391 ..................... None ............ 214 ............... 214 ............... Forbidden .... Forbidden .... ......................

G .............. Articles containing oxidizing substance, n.o.s.. 5.1 UN3544 ...................... 5.1 ................ 131, 391 ..................... None ............ 214 ............... 214 ............... Forbidden .... Forbidden .... ......................

G .............. Articles containing toxic gas, n.o.s. .... 2.3 UN3539 ...................... 2.3 ................ 131, 391 ..................... None ............ 214 ............... 214 ............... Forbidden .... Forbidden .... ......................G .............. Articles containing toxic substance, 

n.o.s..

6.1 UN3546 ...................... 6.1 ................ 391 ............................. None ............ 232 ............... 232 ............... Forbidden .... Forbidden .... B ..................

* * * * * * * 

Desensitized explosives, solid, n.o.s. 4.1 UN3380 I .................... 4.1 ................ 164, 197, .................... None ............ 211 ............... None ............ Forbidden .... Forbidden .... D .................. 28, 36 

*******

Dimethyl disulfide ................................ 3 UN2381 II ................... 3, 6.1 ........... IB2, T7, TP2, TP13 .... 150 ............... 202 ............... 242 ............... Forbidden .... Forbidden .... B .................. 40 

*******

G .............. Environmentally hazardous substance, liquid, n.o.s.. 9 UN3082 III .................. 9 ................... 8, 146, 173, 335, 441, IB3,.

T4, TP1, TP29 ............

155 ............... 203 ............... 241 ............... No limit ........ No limit ........ A ..................

G .............. Environmentally hazardous substance, solid, n.o.s.. 9 UN3077 III .................. 9 ................... 8, 146, 335, 384, 441, A112,.

B54, B120, IB8, IP3, ..N20, N91, T1, TP33 ...

155 ............... 213 ............... 240 ............... No limit ........ No limit ........ A ..................


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*******

A, I, W ...... Fibers, vegetable, dry ......................... 4.1 UN3360 III .................. 4.1 ................ 137 ............................. 151 ............... 213 ............... 240 ............... Forbidden .... Forbidden .... A ..................

*******

A, W ......... Fish meal, stabilized or Fish scrap, 

stabilized.

9 UN2216 III .................. ...................... 155, IB8, IP3, T1, 

TP33.

155 ............... 218 ............... 218 ............... 100 kg .......... 200 kg .......... B .................. 25, 88, 122, 

128 

* * * * * * * 

Gas cartridges, (flammable) without a 

release device, non-refillable.

2.1 UN2037 ...................... 2.1 ................ ..................................... 306 ............... 304 ............... None ............ 1 kg .............. 15 kg ............ B .................. 40, 157 

* * * * * * * 

G .............. Infectious substances, affecting animals only. 6.2 UN2900 ...................... 6.2 ................ A82 ............................. 134 ............... 196 ............... None ............ 50 mL or 50 g. 4 L or 4 kg ... E .................. 13, 40, 95, 155 

G .............. Infectious substances, affecting humans. 6.2 UN2814 ...................... 6.2 ................ A82 ............................. 134 ............... 196 ............... None ............ 50 mL or 50 g. 4 L or 4 kg ... E .................. 13, 40, 95, 155 

* * * * * * * 

Lithium ion batteries including lithium 

ion polymer batteries.

9 UN3480 ...................... 9 ................... 388, 422, A54, A100 .. 185 ............... 185 ............... 185 ............... Forbidden .... 35 kg ............ A .................. 156 

Lithium ion batteries contained in 

equipment including lithium ion polymer batteries.

9 UN3481 ...................... 9 ................... 181, 360, 388, 422, 

A54.

185 ............... 185 ............... 185 ............... 5 kg .............. 35 kg ............ A .................. 156 

Lithium ion batteries packed with 

equipment including lithium ion polymer batteries.

9 UN3481 ...................... 9 ................... 181, 360, 388, 422, 

A54.

185 ............... 185 ............... 185 ............... 5 kg .............. 35 kg ............ A .................. 156 

Lithium metal batteries including lithium alloy batteries. 9 UN3090 ...................... 9 ................... 388, 422, A54 ............. 185 ............... 185 ............... 185 ............... Forbidden .... 35 kg ............ A .................. 156 Lithium metal batteries contained in 

equipment including lithium alloy batteries.

9 UN3091 ...................... 9 ................... 181, 360, 388, 422, 

A54, A101.

185 ............... 185 ............... 185 ............... 5 kg .............. 35 kg ............ A .................. 156 

Lithium metal batteries packed with 

equipment including lithium alloy batteries.

9 UN3091 ...................... 9 ................... 181, 360, 388, 422, 

A54.

185 ............... 185 ............... 185 ............... 5 kg .............. 35 kg ............ A .................. 156 

* * * * * * * 

Nitrocellulose, dry or wetted with less 

than 25 percent water (or alcohol), by mass.

1.1D UN0340 ...................... 1.1D ............. 196 ............................. None ............ 62 ................. None ............ Forbidden .... Forbidden .... 04 ................. 25, 27E 

Nitrocellulose, with not more than 

12.6 percent nitrogen, by dry mass mixture with or without plasticizer, with or without pigment.

4.1 UN2557 II ................... 4.1 ................ 44, 197, W31 .............. 151 ............... 212 ............... None ............ 1 kg .............. 15 kg ............ D .................. 28, 36 

*******

Nitrocellulose, plasticized with not 

less than 18 percent plasticizing substance, by mass.

1.3C UN0343 ...................... 1.3C ............. 196 ............................. None ............ 62 ................. None ............ Forbidden .... Forbidden .... 04 ................. 25 

*******

Nitrocellulose, unmodified or plasticized with less than 18 percent 

plasticizing substance, by mass.

1.1D UN0341 ...................... 1.1D ............. 196 ............................. None ............ 62 ................. None ............ Forbidden .... Forbidden .... 04 ................. 25, 27E 

Nitrocellulose, wetted with not less 

than 25 percent alcohol, by mass.

1.3C UN0342 ...................... 1.3C ............. 196 ............................. None ............ 62 ................. None ............ Forbidden .... Forbidden .... 04 ................. 25 

Nitrocellulose with alcohol with not 

less than 25 percent alcohol by mass, and with not more than 12.6 percent nitrogen, by dry mass.

4.1 UN2556 II ................... 4.1 ................ 197, W31 .................... 151 ............... 212 ............... None ............ 1 kg .............. 15 kg ............ D .................. 12, 25, 28, 

36 

Nitrocellulose with water with not less 

than 25 percent water, by mass.

4.1 UN2555 II ................... 4.1 ................ 197, W31 .................... 151 ............... 212 ............... None ............ 15 kg ............ 50 kg ............ E .................. 28, 36 

*******

Receptacles, small, containing gas or 

gas cartridges (flammable) without release device, not refillable and not exceeding 1 L capacity.

2.1 UN2037 ...................... 2.1 ................ ..................................... 306 ............... 304 ............... None ............ 1 kg .............. 15 kg ............ B .................. 40, 157 

Receptacles, small, containing gas or 

gas cartridges (non-flammable) without release device, not refillable and not exceeding 1 L capacity.

2.2 UN2037 ...................... 2.2 ................ ..................................... 306 ............... 304 ............... None ............ 1 kg .............. 15 kg ............ B .................. 40, 157 

Receptacles, small, containing gas or 

gas cartridges (oxidizing), without release device, not refillable and not exceeding 1 L capacity.

2.2 UN2037 ...................... 2.2, 5.1 ........ , A14 ........................... 306 ............... 304 ............... None ............ 1 kg .............. 15 kg ............ B .................. 40, 157 


jbell on DSKJLSW7X2PROD with PROPOSALS4
43886 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules Symbols Hazardous materials descriptions and proper shipping names Hazard class or division Identification No. PG Label codes Special Provisions (§ 172.102) (8) (9) (10) Packaging (§ 173.***) Quantity limitations 

(see §§ 173.27 and 175.75) 

Vessel stowage 

Exceptions Non-bulk Bulk Passenger aircraft/rail Cargo air-craft only Location Other 

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) 

*******

Sodium methylate ............................... 4.2 UN1431 II ................... 4.2 ................ A7, A19, IB5, IP2, T3, 

TP33, W31.

None ............ 212 ............... 242 ............... 15 kg ............ 50 kg ............ B .................. 52 

Sodium methylate solutions in alcohol 3 UN1289 II ................... 3, 8 .............. IB2, T7, TP1, TP8 ...... 150 ............... 202 ............... 243 ............... 1 L ............... 5 L ............... B .................. 52 Sodium methylate solutions in alcohol 3 UN1289 III .................. 3, 8 .............. B1, IB3, T4, TP1 ........ 150 ............... 203 ............... 242 ............... 5 L ............... 60 L ............. A .................. 52 

*******

G .............. Water-reactive liquid, corrosive, n.o.s. 4.3 UN3129 I .................... 4.3, 8 ........... T14, TP2, TP7, TP13 None ............ 201 ............... 243 ............... Forbidden .... 1 L ............... D .................. 13,148 G .............. Water-reactive liquid, corrosive, n.o.s. 4.3 UN3129 II ................... 4.3, 8 ........... IB1, T11, TP2, TP7 .... None ............ 202 ............... 243 ............... 1 L ............... 5 L ............... E .................. 13, 85, 148 G .............. Water-reactive liquid, corrosive, n.o.s. 4.3 UN3129 III .................. 4.3, 8 ........... IB2, T7, TP2, TP7 ...... None ............ 203 ............... 242 ............... 5 L ............... 60 L ............. E .................. 13, 85, 148 

*******

G .............. Water-reactive solid, flammable, n.o.s. 4.3 UN3132 I .................... 4.3, 4.1 ........ IB4, N40, W31 ............ None ............ 211 ............... 242 ............... Forbidden .... 15 kg ............ D .................. 13, 148 G .............. Water-reactive solid, flammable, n.o.s. 4.3 UN3132 II ................... 4.3, 4.1 ........ IB4, T3, TP33, W31, 

W40.

151 ............... 212 ............... 242 ............... 15 kg ............ 50 kg ............ E .................. 13, 85, 148 

G .............. Water-reactive solid, flammable, n.o.s. 4.3 UN3132 III .................. 4.3, 4.1 ........ IB6, T1, TP33, W31 ... 151 ............... 213 ............... 241 ............... 25 kg ............ 100 kg .......... E .................. 13, 85, 148 

*******

G .............. Water-reactive solid, self-heating, 

n.o.s..

4.3 UN3135 I .................... 4.3, 4.2 ........ N40, W31 ................... None ............ 211 ............... 242 ............... Forbidden .... 15 kg ............ D .................. 13, 148 

G .............. Water-reactive solid, self-heating, 

n.o.s..

4.3 UN3135 II ................... 4.3, 4.2 ........ IB5, IP2, T3, TP33, 

W31, W40.

None ............ 212 ............... 242 ............... 15 kg ............ 50 kg ............ E .................. 13, 85, 148 

G .............. Water-reactive solid, self-heating, 

n.o.s..

4.3 UN3135 III .................. 4.3, 4.2 ........ IB8, IP4, T1, TP33, 

W31.

None ............ 213 ............... 241 ............... 25 kg ............ 100 kg .......... E .................. 13, 85, 148 

*******

G .............. Water-reactive liquid, n.o.s. ................ 4.3 UN3148 I .................... 4.3 ................ T13, TP2, TP7, W31 .. None ............ 201 ............... 244 ............... Forbidden .... 1 L ............... E .................. 13, 40, 148 G .............. Water-reactive liquid, n.o.s. ................ 4.3 UN3148 II ................... 4.3 ................ IB1, T7, TP2, TP7, 

W31.

None ............ 202 ............... 243 ............... 1 L ............... 5 L ............... E .................. 13, 40, 148 

G .............. Water-reactive liquid, n.o.s. ................ 4.3 UN3148 III .................. 4.3 ................ IB2, T7, TP2, TP7, 

W31.

None ............ 203 ............... 242 ............... 5 L ............... 60 L ............. E .................. 13, 40, 148 

*******


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* * * * * 

■ 8. In § 172.102: 

■ a. In paragraph (c)(1): 

■ i. Revise special provisions 47, 134, 

135, 136, 147, 360, 370, 379(d)(1); and 

■ ii. Add special provisions 196, 197, 

430, and 441 in numerical order. 

■ b. In paragraph (c)(8), remove TP 

codes TP39 and TP41. 

The additions and revisions read as 

follows: 

§ 172.102 Special Provisions. 

* * * * * 

(c) * * * 

(1) * * * 

47 Mixtures of solids that are not 

subject to this subchapter and 

flammable liquids may be transported 

under this entry without first applying 

the classification criteria of Division 4.1, 

provided there is no free liquid visible 

at the time the material is loaded or at 

the time the packaging or transport unit 

is closed. Except when the liquids are 

fully absorbed in solid material 

contained in sealed bags, for single 

packagings, each packaging must 

correspond to a design type that has 

passed a leakproofness test at the 

Packing Group II level. Sealed packets 

and articles containing less than 10 mL 

of a Class 3 liquid in Packing Group II 

or III absorbed onto a solid material are 

not subject to this subchapter provided 

there is no free liquid in the packet or 

article. 

* * * * * 

134 This entry applies only to 

vehicles powered by wet batteries, 

sodium batteries, lithium metal batteries 

or lithium ion batteries, and equipment 

powered by wet batteries or sodium 

batteries that are transported with these 

batteries installed. Lithium batteries 

installed in a cargo transport unit, 

designed only to provide power external 

to the transport unit must use the proper 

shipping name ‘‘Lithium batteries 

installed in cargo transport unit’’ found 

in the § 172.101 Hazardous Materials 

Table. 

a. For the purpose of this special 

provision, vehicles are self-propelled 

apparatus designed to carry one or more 

persons or goods. Examples of such 

vehicles are electrically-powered cars, 

motorcycles, scooters, three- and fourwheeled vehicles or motorcycles, trucks, 

locomotives, bicycles (pedal cycles with 

an electric motor) and other vehicles of 

this type (e.g., self-balancing vehicles or 

vehicles not equipped with at least one 

seating position), lawn tractors, selfpropelled farming and construction 

equipment, boats, aircraft, wheelchairs 

and other mobility aids. This includes 

vehicles transported in a packaging. In 

this case, some parts of the vehicle may 

be detached from its frame to fit into the 

packaging. 

b. Examples of equipment are 

lawnmowers, cleaning machines, or 

model boats and model aircraft. 

Equipment powered by lithium metal 

batteries or lithium ion batteries must be 

described using the entries ‘‘Lithium 

metal batteries contained in equipment’’ 

or ‘‘Lithium metal batteries packed with 

equipment’’ or ‘‘Lithium ion batteries 

contained in equipment’’ or ‘‘Lithium 

ion batteries packed with equipment,’’ 

as appropriate. 

c. Self-propelled vehicles or 

equipment that also contain an internal 

combustion engine must be described 

using the entries ‘‘Engine, internal 

combustion, flammable gas powered’’ or 

‘‘Engine, internal combustion, 

flammable liquid powered’’ or ‘‘Vehicle, 

flammable gas powered’’ or ‘‘Vehicle, 

flammable liquid powered,’’ as 

appropriate. These entries include 

hybrid electric vehicles powered by 

both an internal combustion engine and 

batteries. Additionally, self-propelled 

vehicles or equipment that contain a 

fuel cell engine must be described using 

the entries ‘‘Engine, fuel cell, flammable 

gas powered’’ or ‘‘Engine, fuel cell, 

flammable liquid powered’’ or ‘‘Vehicle, 

fuel cell, flammable gas powered’’ or 

‘‘Vehicle, fuel cell, flammable liquid 

powered,’’ as appropriate. These entries 

include hybrid electric vehicles 

powered by a fuel cell engine, an 

internal combustion engine, and 

batteries. 

135 Internal combustion engines 

installed in a vehicle must be described 

using ‘‘Vehicle, flammable gas 

powered’’ or ‘‘Vehicle, flammable liquid 

powered,’’ as appropriate. If a vehicle is 

powered by a flammable liquid and a 

flammable gas internal combustion 

engine, it must be described using 

‘‘Vehicle, flammable gas powered.’’ This 

includes hybrid electric vehicles 

powered by both an internal combustion 

engine and wet, sodium or lithium 

batteries installed. If a fuel cell engine 

is installed in a vehicle, the vehicle 

must be described using ‘‘Vehicle, fuel 

cell, flammable gas powered’’ or 

‘‘Vehicle, fuel cell, flammable liquid 

powered,’’ as appropriate. This includes 

hybrid electric vehicles powered by a 

fuel cell, an internal combustion engine, 

and wet, sodium or lithium batteries 

installed. For the purpose of this special 

provision, vehicles are self-propelled 

apparatus designed to carry one or more 

persons or goods. Examples of such 

vehicles are cars, motorcycles, trucks, 

locomotives, scooters, three- and fourwheeled vehicles or motorcycles, lawn 

tractors, self-propelled farming and 

construction equipment, boats, and 

aircraft. Furthermore, lithium batteries 

installed in a cargo transport unit, 

designed only to provide power external 

to the transport unit must be described 

using the proper shipping name 

‘‘Lithium batteries installed in cargo 

transport unit’’ found in the § 172.101 

Hazardous Materials Table. 

136 This entry applies only to 

articles, machinery and apparatus 

containing hazardous materials as an 

integral element of the article, 

machinery, or apparatus. It may not be 

used to describe articles, machinery, or 

apparatus for which a proper shipping 

name exists in the § 172.101 Table. 

Except when approved by the Associate 

Administrator, these items may only 

contain hazardous materials for which 

exceptions are referenced in Column (8) 

of the § 172.101 Table and are provided 

in part 173, subparts D and G, of this 

subchapter. Hazardous materials 

shipped under this entry are excepted 

from the labeling requirements of this 

subchapter unless offered for 

transportation or transported by aircraft 

and are not subject to the placarding 

requirements of subpart F of this part. 

Orientation markings as described in 

§ 172.312(a)(2) are required when liquid 

hazardous materials may escape due to 

incorrect orientation. The article, 

machinery, or apparatus, if unpackaged, 

or the packaging in which it is 

contained shall be marked ‘‘Dangerous 

goods in articles’’ or ‘‘Dangerous goods 

in machinery’’ or ‘‘Dangerous goods in 

apparatus’’ as appropriate, with the 

identification number UN3363. For 

transportation by aircraft, articles, 

machinery, or apparatus, may not 

contain any material forbidden for 

transportation by passenger or cargo 

aircraft. The Associate Administrator 

may except from the requirements of 

this subchapter articles, machinery, and 

apparatus provided: 

a. It is shown that it does not pose a 

significant risk in transportation; 

b. The quantities of hazardous 

materials do not exceed those specified 

in § 173.4a of this subchapter; and 

c. The equipment, and machinery or 

apparatus articles conforms with 

§ 173.222 of this subchapter. 

* * * * * 

147 This entry applies to nonsensitized emulsions, suspensions, and 

gels consisting primarily of a mixture of 

ammonium nitrate and fuel, intended to 

produce a Type E blasting explosive 

only after further processing prior to 

use. The mixture for emulsions typically 

has the following composition: 60–85% 

ammonium nitrate; 5–30% water; 2–8% 

fuel; 0.5–4% emulsifier or thickening 

agent; 0–10% soluble flame 


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suppressants; and trace additives. Other 

inorganic nitrate salts may replace part 

of the ammonium nitrate. The mixture 

for suspensions and gels typically has 

the following composition: 60–85% 

ammonium nitrate; 0–5% sodium or 

potassium perchlorate; 0–17% 

hexamine nitrate or monomethylamine 

nitrate; 5–30% water; 2– 15% fuel; 0.5– 

4% thickening agent; 0–10% soluble 

flame suppressants; and trace additives. 

Other inorganic nitrate salts may replace 

part of the ammonium nitrate. These 

substances must satisfy the criteria for 

classification as an ammonium nitrate 

emulsion of Test Series 8 of the UN 

Manual of Tests and Criteria, Part I, 

Section 18 (IBR, see § 171.7 of this 

subchapter), and may not be classified 

and transported unless approved by the 

Associate Administrator. 

* * * * * 

196 The nitrocellulose must meet 

the criteria of the Bergmann-Junk test or 

methyl violet paper test in the UN 

Manual of Tests and Criteria, Appendix 

10 (IBR, see § 171.7 of this subchapter). 

Test of type 3(c) is not required. 

197 The nitrocellulose must meet 

the criteria of the Bergmann-Junk test or 

methyl violet paper test in the UN 

Manual of Tests and Criteria, Appendix 

10 (IBR, see § 171.7 of this subchapter). 

* * * * * 

360 Vehicles powered only by 

lithium batteries must be described 

using ‘‘UN3171, Battery-powered 

vehicle.’’ Lithium batteries installed in 

a cargo transport unit, designed only to 

provide power external to the transport 

unit must be described using ‘‘UN3536, 

Lithium batteries installed in a cargo 

transport unit.’’ 

* * * * * 

370 This entry also applies to 

ammonium nitrate with not more than 

0.2% combustible substances, including 

any organic substance calculated as 

carbon. To the exclusion of any added 

substance, that gives a positive result 

when tested in accordance with Test 

Series 2 of the UN Manual of Tests and 

Criteria, Part I (IBR; see § 171.7 of this 

subchapter). See also UN1942 in the 

§ 172.101 Hazardous Materials Table. 

This entry may not be used for 

ammonium nitrate for which a proper 

shipping name already exists in the 

§ 172.101 Hazardous Materials Table, 

including ammonium nitrate mixed 

with fuel oil or any other commercial 

grade of ammonium nitrate (e.g., 

ammonium nitrate fertilizer). 

* * * * * 

379 * * * 

d. * * * 

(1) Receptacles shall be made of a 

material compatible with ammonia as 

specified in ISO 11114–1:2012(E) and 

ISO 11114–1:2012/Amd 1:2017(E) (IBR, 

see § 171.7 of this subchapter); 

* * * * * 

430 This entry shall only be used for 

solid medical waste of Category A 

transported for disposal. 

* * * * * 

441 For marine pollutants 

transported under ‘‘UN3077, 

Environmentally hazardous substance, 

solid, n.o.s.’’ or ‘‘UN3082, 

Environmentally hazardous substance, 

solid, n.o.s.’’ and for purposes of 

shipping paper and package marking 

requirements, the technical name used 

in association with the basic description 

may be a proper shipping name listed in 

the § 172.101 Hazardous Material Table; 

provided that the name chosen is not 

also an entry that includes ‘‘n.o.s.’’ as a 

part of the name or one that has a ‘‘G’’ 

in column (1) of the table. 

* * * * * 

■ 9. In § 172.203, revise the first 

sentence of paragraph (i)(2), revise 

paragraph (l)(1), and add paragraphs 

(i)(4) and (q) to read as follows: 

§ 172.203 Additional description 

requirements. 

* * * * * 

(i) * * * 

(2) A minimum flashpoint, if 60 °C 

(140 °F) or below (in °C closed cup 

(c.c.)), in association with the basic 

description, for Class 3 flammable 

liquid materials (as a primary or 

subsidiary hazard). * * * 

* * * * * 

(4) For lithium cells or batteries 

transported in accordance with 

§ 173.185(f), ‘‘DAMAGED/DEFECTIVE’’; 

and for lithium cells or batteries 

transported for purposes of disposal or 

recycling, ‘‘LITHIUM BATTERIES FOR 

DISPOSAL’’ or ‘‘LITHIUM BATTERIES 

FOR RECYCLING’’, as appropriate. 

* * * * * 

(l) * * * 

(1) For a proper shipping name used 

to describe a hazardous material that is 

a marine pollutant, either assigned the 

letter ‘‘G’’ in column (1) of the § 172.101 

hazardous materials table or that 

contains the text ‘‘n.o.s.’’, the name of 

the component that makes the material 

a marine pollutant must appear in 

parentheses in association with the 

basic description. Where two or more 

components that make the material a 

marine pollutant are present, the names 

of at least two of the components most 

predominantly contributing to the 

marine pollutant designation must 

appear in parentheses in association 

with the basic description. For material 

described using ‘‘UN3077, 

Environmentally hazardous substance, 

solid, n.o.s.’’ and ‘‘UN3082, 

Environmentally hazardous substance, 

liquid, n.o.s.,’’ see § 172.102(c)(1), 

special provision 441 for additional 

provisions. 

* * * * * 

(q) Holding time. The date at which 

the actual holding time ends, as 

calculated in accordance with 

§ 178.338–9, must be provided on the 

shipping paper in association with the 

basic description for refrigerated 

liquefied gases transported in a portable 

tank. 

■ 10. In § 172.301, revise paragraph 

(a)(1) to read as follows: 

§ 172.301 General marking requirements 

for non-bulk packagings. 

(a) * * * 

(1) Except as otherwise provided by 

this subchapter, each person who offers 

a hazardous material for transportation 

in a non-bulk packaging must mark the 

package with the proper shipping name 

and identification number (preceded by 

‘‘UN’’, ‘‘NA’’ or ‘‘ID,’’ as appropriate), as 

shown in the § 172.101 Hazardous 

Materials Table. The identification 

number marking preceded by ‘‘UN’’, 

‘‘NA’’, or ‘‘ID’’ as appropriate must be 

marked in characters at least 12 mm 

(0.47 inches) high. Packages with a 

maximum capacity of 30 liters (8 

gallons) or less, 30 kg (66 pounds) 

maximum net mass, or cylinders with a 

water capacity of 60 liters (16 gallons) 

or less must be marked with characters 

at least 6 mm (0.24 inches) high. 

Packages with a maximum capacity of 5 

liters (1.32 gallons) or less or 5 kg 

maximum net mass (11 pounds) or less 

must be marked in a size appropriate for 

the size of the package. 

* * * * * 

■ 11. In § 172.315, add paragraph (b)(3) 

to read as follows: 

§ 172.315 Limited Quantities. 

* * * * * 

(b) * * * 

(3) For transportation by aircraft, the 

entire mark must appear on one side of 

the package. 

* * * * * 

■ 12. In § 172.322, revise paragraph 

(a)(1) to read as follows: 

§ 172.322 Marine Pollutants. 

(a) * * * 

(1) For a proper shipping name used 

to describe a hazardous material that is 

a marine pollutant and assigned the 

letter ‘‘G’’ in column (1) of the § 172.101 

hazardous materials table or that 

contains the text ‘‘n.o.s.,’’ the name of 

the component which makes the 

material a marine pollutant must be 


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marked on the package in parentheses 

in association with the marked proper 

shipping name unless the proper 

shipping name identifies by name the 

component, which makes the material a 

marine pollutant. Where two or more 

components that make a material a 

marine pollutant are present, the names 

of at least two of the components most 

predominantly contributing to the 

marine pollutant designation must 

appear in parentheses in association 

with the marked proper shipping name. 

For materials described using ‘‘UN3077, 

Environmentally hazardous substance, 

solid, n.o.s.’’ and ‘‘UN3082, 

Environmentally hazardous substance, 

liquid, n.o.s.,’’ see § 172.102(c)(1), 

special provision 441 for additional 

provisions; and 

* * * * * 

■ 13. In § 172.406, revise paragraph (a) 

to read as follows: 

§ 172.406 Placement of labels. 

(a) General. (1) Except as provided in 

paragraphs (b) and (e) of this section, 

each label required by this subpart 

must— 

(i) Be printed on or affixed to a 

surface (other than the bottom) of the 

package or containment device 

containing the hazardous material; 

(ii) Be located on the same surface of 

the package and near the proper 

shipping name marking, if the package 

dimensions are adequate; and 

(iii) For transportation by aircraft, the 

entire label(s) must appear on one side 

of the package. For cylindrical packages, 

the label must be of such dimensions 

that it will not overlap itself. In the case 

of cylindrical packages containing 

radioactive materials, which require two 

identical labels, these labels must be 

centered on opposite points of the 

circumference and must not overlap 

each other. If the dimensions of the 

package are such that two identical 

labels cannot be affixed without 

overlapping each other, one label is 

acceptable provided it does not overlap 

itself. 

* * * * * 

■ 14. In § 172.447, remove and reserve 

paragraph (c). 

§ 172.447 LITHIUM BATTERY label. 

* * * * * 

(c) Reserved. 

PART 173—SHIPPERS—GENERAL 

REQUIREMENTS FOR SHIPMENTS 

AND PACKAGINGS 

■ 15. The authority citation for part 173 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 49 

CFR 1.81, 1.96 and 1.97. 

■ 16. In § 173.4a, redesignate paragraph 

(g)(3) as (4), and add new paragraph 

(g)(3) to read as follows: 

§ 173.4a Excepted quantities. 

* * * * * 

(g) * * * 

(3) For transportation by aircraft, the 

entire mark must appear on one side of 

the package. 

* * * * * 

■ 17. Add new § 173.14 to read as 

follows: 

§ 173.14 Hazardous materials in 

equipment in use or intended for use during 

transport. 

(a) Except for transportation by 

aircraft, hazardous materials (e.g., 

lithium batteries, fuel cell cartridges) 

contained in equipment, such as data 

loggers and cargo tracking devices, 

attached to or placed in packages, 

overpacks, or containers are not subject 

to this subchapter other than the 

following: 

(1) The equipment must be in use or 

intended for use during transportation; 

(2) The hazardous materials (e.g., 

lithium batteries, fuel cell cartridges, 

etc.) must meet the applicable 

construction and test requirements 

specified in this subchapter; 

(3) The equipment must be capable of 

withstanding the shocks and loadings 

normally encountered during transport 

and must be safe for use in the 

environments to which it may be 

exposed; and 

(4) When offered for transport by 

vessel, the requirements in 

§ 176.76(a)(9) of this subchapter apply. 

(b) For transportation by aircraft, 

lithium batteries contained in 

equipment such as data loggers and 

cargo tracking devices, attached to or 

placed in packages containing COVID– 

19 pharmaceuticals are not subject to 

the marking and documentation 

requirements of § 173.185(c)(3) and 

(c)(4)(iv). This same package, when 

shipped without the COVID–19 

pharmaceuticals for the purpose of use 

or reuse, is also not subject to the 

marking and documentation 

requirements of § 173.185(c)(3) and 

(c)(4)(iv), as applicable, provided prior 

arrangements have been made with the 

operator. 

(c) [Reserved.] 

■ 18. In § 173.27, revise paragraphs 

(c)(2), (f) introductory text, (f)(1), and 

(f)(3) Tables 1 and 2 to read as follows: 

§ 173.27 General requirements for 

transportation by aircraft. 

* * * * * 

(c) * * * 

(2) Except for packagings used for 

material transported as ‘‘UN3082, 

Environmentally hazardous substance, 

liquid, n.o.s.,’’ packagings for which 

retention of liquid is a basic function 

must be capable of withstanding 

without leakage the greater of— 

* * * * * 

(f) Combination packagings. Unless 

otherwise specified in this part, or in 

Subpart C of part 171 of this subchapter, 

when combination packagings are 

intended for transportation aboard an 

aircraft, inner packagings must conform 

to the quantity limitations set forth in 

Table 1 of this paragraph for transport 

aboard passenger-carrying aircraft and 

Table 2 of this paragraph for transport 

aboard cargo-only aircraft. For materials 

that are authorized to exceed 220 L (58 

gallons) or 200 kg (441 pounds) in 

accordance with columns (9A) and (9B) 

of the § 172.101 Hazardous Materials 

Table, there is no limitation on the 

maximum authorized net capacity of 

each inner packaging. 

(1) Excepted quantities. For 

authorized materials and inner and 

outer package quantity limits for 

combination packages of excepted 

quantities intended for transportation by 

aircraft, see § 173.4a of this part. 

* * * * * 

(3) * * * 

TABLE 1—MAXIMUM NET CAPACITY OF INNER PACKAGING FOR TRANSPORTATION ON PASSENGER-CARRYING AIRCRAFT

Maximum net quantity per package from Column 9A of the § 172.101 table 

Maximum authorized net capacity of each 

inner packaging 

Glass, earthenware or fiber 

inner packagings 

Metal or plastic inner 

packagings 

Liquids: 

Not greater than 0.5 L ............................................................................................................. 0.5 L ......................................... 0.5 L. 

Greater than 0.5 L, not greater than 1 L ................................................................................ 0.5 L ......................................... 1 L. 


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TABLE 1—MAXIMUM NET CAPACITY OF INNER PACKAGING FOR TRANSPORTATION ON PASSENGER-CARRYING AIRCRAFT— 

Continued 

Maximum net quantity per package from Column 9A of the § 172.101 table 

Maximum authorized net capacity of each 

inner packaging 

Glass, earthenware or fiber 

inner packagings 

Metal or plastic inner 

packagings 

Greater than 1 L, not greater than 5 L ................................................................................... 1 L ............................................ 5 L. 

Greater than 5 L, not greater than 60 L ................................................................................. 2.5 L ......................................... 10 L. 

Greater than 60 L, not greater than 220 L ............................................................................. 5 L ............................................ 25 L. 

Class 9: UN1941, UN1990, UN2315, UN3082, UN3151, UN3334 ............................................... 10 ............................................. Plastic: 30. 

Metal: 40. 

Solids: 

Not greater than 5 kg .............................................................................................................. 0.5 kg ....................................... 1 kg. 

Greater than 5 kg. not greater than 25 kg .............................................................................. 1 kg .......................................... 2.5 kg. 

Greater than 25 kg, not greater than 200 kg .......................................................................... 5 kg .......................................... 10 kg. 

Class 9. UN1841, UN1931, UN2071, UN2216, UN2590, UN2969, UN3077, UN3152, UN3335, 

UN3432.

Glass or earthenware: 10 kg ...

Fiber: 50 kg ..............................

50 kg. 

TABLE 2—MAXIMUM NET CAPACITY OF INNER PACKAGING FOR TRANSPORTATION ON CARGO AIRCRAFT

Maximum net quantity per package from Column 9a of the § 172.101 table 

Maximum authorized net capacity of each 

inner packaging 

Glass, earthenware or fiber 

inner packagings 

Metal or plastic inner 

packagings 

Liquids: 

Not greater than 2.5L .............................................................................................................. 1 L ............................................ 1 L. 

Greater than 2.5L, not greater than 30L ................................................................................. 2.5 L ......................................... 2.5 L. 

Greater than 30L, not greater than 60L .................................................................................. 5 L ............................................ 10 L. 

Greater than 60L, not greater than 220L ................................................................................ 5 L ............................................ 25 L. 

Class 9: UN1941, UN1990, UN2315, UN3082, UN3151, UN3334 ............................................... 10 L .......................................... Plastic: 30 L. 

Metal: 40 L. 

Solids: 

Not greater than 15 kg ............................................................................................................ 1 kg .......................................... 1 kg. 

Greater than 15 kg. not greater than 50 kg ............................................................................ 2.5 kg ....................................... 5 kg. 

Greater than 50 kg, not greater than 200 kg .......................................................................... 5 kg .......................................... 10 kg. 

Class 9: UN1841, UN1931, UN2071, UN2216, UN2590, UN2969, UN3077, UN3152, UN3335, 

UN3432.

Glass or earthenware: 10 kg ...

Fiber: 50 kg ..............................

50 kg. 

* * * * * 

■ 19. In § 173.59, revise the description 

for ‘‘Detonators’’, and add a new 

description for ‘‘Detonators, electronic 

programmable for blasting’’ in 

alphabetical order to read as follows: 

§ 173.59 Description of terms for 

explosives. 

* * * * * 

Detonators. Articles consisting of a 

small metal or plastic tube containing 

explosives such as lead azide, PETN, or 

combinations of explosives. They are 

designed to start a detonation train. 

They may be constructed to detonate 

instantaneously, or may contain a delay 

element. They may contain no more 

than 10 g of total explosives weight, 

excluding ignition and delay charges, 

per unit. The term includes: Detonators 

for ammunition; detonators for blasting 

(electric, electronic, and non-electric); 

and detonating relays without flexible 

detonating cord. 

Detonators, electronic programmable 

for blasting. Detonators using electronic 

components, such as an integrated 

circuit and/or micro processing 

technology to provide communications, 

energy control and storage capability, 

timing delay information, and validated 

commands to send a firing signal to the 

initiating charge. 

* * * * * 

■ 20. In § 173.115, revise paragraph (k) 

to read as follows: 

§ 173.115 Class 2, Divisions 2.1, 2.2, and 

2.3—Definitions. 

* * * * * 

(k) For Division 2.2 gases, the 

oxidizing ability shall be determined by 

tests or by calculation in accordance 

with ISO 10156:2017(E) (IBR, see 

§ 171.7 of this subchapter). 

* * * * * 

■ 21. In § 173.134, revise paragraphs 

(a)(1) and (5) to read as follows: 

§ 173.134 Class 6, Division 6.2— 

Definitions and exceptions. 

* * * * * 

(a) * * * 

(1) Division 6.2 (Infectious substance) 

means a material known or reasonably 

expected to contain a pathogen. A 

pathogen is a microorganism (including 

bacteria, viruses, parasites, and fungi) or 

other agent, such as a proteinaceous 

infectious particle (prion) that can cause 

disease in humans or animals. An 

infectious substance must be assigned 

the identification number UN2814, 

UN2900, UN3291, UN3373, or UN3549 

as appropriate, and must be assigned to 

one of the following categories: 

(i) Category A: An infectious 

substance in a form capable of causing 

permanent disability or life-threatening 

or fatal disease in otherwise healthy 

humans or animals when exposure to it 

occurs. An exposure occurs when an 

infectious substance is released outside 

of its protective packaging, resulting in 

physical contact with humans or 


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animals. A Category A infectious 

substance must be assigned to 

identification number UN2814, 

UN2900, or UN3549, as appropriate. 

Assignment to UN2814, UN2900, or 

UN3549 must be based on the known 

medical history or symptoms of the 

source patient or animal, endemic local 

conditions, or professional judgment 

concerning the individual 

circumstances of the source human or 

animal. 

(ii) Category B: An infectious 

substance that is not in a form generally 

capable of causing permanent disability 

or life-threatening or fatal disease in 

otherwise healthy humans or animals 

when exposure to it occurs. This 

includes Category B infectious 

substances transported for diagnostic or 

investigational purposes. A Category B 

infectious substance must be described 

as ‘‘Biological substance, Category B’’ 

and assigned identification number 

UN3373. This does not include 

regulated medical waste, which must be 

assigned identification number UN3291. 

* * * * * 

(5) Regulated medical waste or 

clinical waste or (bio) medical waste 

means a waste or reusable material 

derived from the medical treatment of 

an animal or human, which includes 

diagnosis and immunization, or from 

biomedical research, which includes the 

production and testing of biological 

products. Regulated medical waste or 

clinical waste or (bio) medical waste 

containing a Category A infectious 

substance must be classed as an 

infectious substance, and assigned to 

UN2814, UN2900, or UN3549, as 

appropriate. 

* * * * * 

■ 22. In § 173.137, revise the 

introductory text to read as follows: 

§ 173.137 Class 8—Assignment of packing 

group. 

The packing group of a Class 8 

material is indicated in Column 5 of the 

§ 172.101 Table. When the § 172.101 

Table provides more than one packing 

group for a Class 8 material, the packing 

group must be determined using data 

obtained from tests conducted in 

accordance with the OECD Guidelines 

for the Testing of Chemicals, Test No. 

435, ‘‘In Vitro Membrane Barrier Test 

Method for Skin Corrosion’’ (IBR, see 

§ 171.7 of this subchapter) or Test No. 

404, ‘‘Acute Dermal Irritation/ 

Corrosion’’ (IBR, see § 171.7 of this 

subchapter). A material that is 

determined not to be corrosive in 

accordance with OECD Guideline for 

the Testing of Chemicals, Test No. 430, 

‘‘In Vitro Skin Corrosion: 

Transcutaneous Electrical Resistance 

Test (TER)’’ (IBR, see § 171.7 of this 

subchapter) or Test No. 431, ‘‘In Vitro 

Skin Corrosion: Reconstructed Human 

Epidermis (RHE) Test Method’’ (IBR, see 

§ 171.7 of this subchapter) may be 

considered not to be corrosive to human 

skin for the purposes of this subchapter 

without further testing. However, a 

material determined to be corrosive in 

accordance with Test No. 430 or Test 

No. 431 must be further tested using 

Test No. 435 or Test No. 404. If the in 

vitro test results indicate that the 

substance or mixture is corrosive, but 

the test method does not clearly 

distinguish between assignment of 

packing groups II and III, the material 

may be considered to be in packing 

group II without further testing. The 

packing group assignment using data 

obtained from tests conducted in 

accordance with OECD Guideline Test 

No. 404 or Test No. 435 must be as 

follows: 

* * * * * 

■ 23. In § 173.172, revise paragraphs (a) 

and (b) to read as follows: 

§ 173.172 Aircraft hydraulic power unit fuel 

tank. 

* * * * * 

(a) The unit must consist of an 

aluminum pressure vessel made from 

tubing and having welded heads. 

Primary containment of the fuel within 

this vessel must consist of a welded 

aluminum bladder having a maximum 

internal volume of 46 L (12 gallons). 

The outer vessel must have a minimum 

design gauge pressure of 1,275 kPa (185 

psig) and a minimum burst gauge 

pressure of 2,755 kPa (400 psig). Each 

vessel must be leak-checked during 

manufacture and before shipment and 

must be found leakproof. The complete 

inner unit must be securely packed in 

non-combustible cushioning material, 

such as vermiculite, in a strong outer 

tightly closed metal packaging which 

will adequately protect all fittings. 

Maximum quantity of fuel per primary 

containment and package is 42 L (11 

gallons); or 

(b) The unit must consist of an 

aluminum pressure vessel. Primary 

containment of the fuel within this 

vessel must consist of a welded 

hermetically sealed fuel compartment 

with an elastomeric bladder having a 

maximum internal volume of 46 L (12 

gallons). The pressure vessel must have 

a minimum design gauge pressure of 

5,170 kPa (750 psig). Each vessel must 

be leak-checked during manufacture 

and before shipment and must be 

securely packed in non-combustible 

cushioning material, such as 

vermiculite, in a strong outer tightly 

closed metal packaging which will 

adequately protect all fittings. 

Maximum quantity of fuel per primary 

containment and package is 42 L (11 

gallons). 

■ 24. In § 173.181, revise paragraph (b) 

to read as follows: 

§ 173.181 Pyrophoric materials (liquids). 

* * * * * 

(b) Steel boxes (4A), aluminum boxes 

(4B), metal boxes, other than steel or 

aluminum (4N), wooden boxes (4C1, 

4C2, 4D, or 4F) or fiberboard boxes (4G); 

steel drums (1A1 or 1A2), aluminum 

drums (1B1 or 1B2), metal drums, other 

than steel or aluminum (1N1 or 1N2), 

plywood drums (1D), or fiber drums 

(1G); or steel jerricans (3A1 or 3A2) or 

aluminum jerricans (3B1 or 3B2) 

enclosing not more than four strong, 

tight metal cans with inner receptacles 

of glass or metal, not over 1 L (0.3 

gallon) capacity each, having positive 

screwcap closures adequately gasketed 

or alternative closures physically held 

in place by a means capable of 

preventing back-off or loosening of the 

closure due to conditions normally 

incident to transportation (e.g., 

vibration). Inner packagings must be 

cushioned on all sides with dry, 

absorbent, incombustible material in a 

quantity sufficient to absorb the entire 

contents. 

* * * * * 

■ 25. In § 173.185, revise paragraphs 

(c)(3)(i) introductory text and (c)(3)(i)(A) 

to read as follows: 

§ 173.185 Lithium cell and batteries. 

* * * * * 

(c) * * * 

(3) * * * 

(i) The mark must indicate the UN 

number: ‘‘UN3090’’ for lithium metal 

cells or batteries; or ‘‘UN3480’’ for 

lithium ion cells or batteries. Where the 

lithium cells or batteries are contained 

in, or packed with, equipment, the UN 

number ‘‘UN3091’’ or ‘‘UN3481,’’ as 

appropriate, must be indicated. Where a 

package contains lithium cells or 

batteries assigned to different UN 

numbers, all applicable UN numbers 

must be indicated on one or more 

marks. The package must be of such size 

that there is adequate space to affix the 

mark on one side without the mark 

being folded. 


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(A) The mark must be in the form of 

a rectangle or a square with hatched 

edging. The mark must be not less than 

100 mm (3.9 inches) wide by 100 mm 

(3.9 inches) high and the minimum 

width of the hatching must be 5 mm (0.2 

inches), except marks of 100 mm (3.9 

inches) wide by 70 mm (2.8 inches) high 

may be used on a package containing 

lithium batteries when the package is 

too small for the larger mark; 

* * * * * 

■ 26. In § 173.187, revise paragraphs (b), 

(c), (e) and (f) to read as follows: 

§ 173.187 Pyrophoric solids, metals or 

alloys, n.o.s. 

* * * * * 

(b) In wooden boxes (4C1, 4C2, 4D, or 

4F) with inner metal receptacles that 

have threaded closures or alternate 

closures physically held in place by a 

means capable of preventing back-off or 

loosening of the closure due to 

conditions normally incident to 

transportation (e.g., impact, vibration, 

etc.). Each inner metal receptacle must 

not contain more than 15 kg (33 

pounds). 

(c) In fiberboard boxes (4G) with inner 

metal receptacles that have threaded 

closures or alternate closures physically 

held in place by a means capable of 

preventing back-off or loosening of the 

closure due to conditions normally 

incident to transportation (e.g., impact, 

vibration, etc.). Each inner metal 

receptacle must not contain more than 

7.5 kg (17 pounds). 

* * * * * 

(e) In plywood drums (1D) with inner 

metal receptacles that have threaded 

closures or alternate closures physically 

held in place by a means capable of 

preventing back-off or loosening of the 

closure due to conditions normally 

incident to transportation (e.g., impact, 

vibration, etc.). Each inner metal 

receptacle must not contain more than 

15 kg (33 pounds). 

(f) In fiberboard drums (1G) with 

inner metal receptacles that have 

threaded closures or alternate closures 

physically held in place by a means 

capable of preventing back-off or 

loosening of the closure due to 

conditions normally incident to 

transportation (e.g., impact, vibration, 

etc.) Each inner metal receptacle must 

not contain more than 15 kg (33 

pounds). 

* * * * * 

■ 27. In § 173.199, revise the first four 

sentences in paragraph (a)(5) 

introductory text to read as follows: 

§ 173.199 Category B infectious 

substances. 

(a) * * * 

(5) The following square-on-point 

mark must be displayed on the outer 

packaging on a background of 

contrasting color. The width of the line 

forming the border must be at least 2 

mm (0.08 inches) and the letters and 

numbers must be at least 6 mm (0.24 

inches) high. The size of the mark must 

be such that no side of the diamond is 

less than 50 mm (1.97 inches) in length 

as measured from the outside of the 

lines forming the border. For 

transportation by aircraft, the entire 

mark must appear on one side of the 

package. The proper shipping name 

‘‘Biological substances, Category B’’ 

must be marked on the outer packaging 

adjacent to the diamond-shaped mark in 

letters that are at least 6 mm (0.24 

inches) high. * * * 

* * * * * 

■ 28. Revise § 173.218 to read as 

follows: 

§ 173.218 Fish meal or fish scrap. 

(a) Transportation by vessel. (1) 

Except as provided in Column (7) of the 

HMT in § 172.101 of this subchapter, 

fish meal or fish scrap, containing at 

least 6%, but not more than 12% water, 

is authorized for transportation in 

packagings as follows: 

(i) Burlap (jute) bag; 

(ii) Multi-wall paper bag; 

(iii) Polyethylene-lined burlap or 

paper bag; 

(iv) Cargo tank; 

(v) Portable tank; 

(vi) Rail car; or 

(vii) Freight container. 

(2) The fish meal or fish scrap must 

contain at least 50 ppm (mg/kg) of 

ethoxyquin, 100 ppm (mg/kg) of 

butylated hydroxytoluene (BHT), or 250 

ppm (mg/kg) of tocopherol-based 

antioxidant at the time of shipment. 


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Stabilization of fish meal or fish scrap 

must occur at the time of production 

and the application must be within 

twelve months prior to shipment. 

(b) Transportation by air. (1) Except 

as provided in Column (7) of the HMT 

in § 172.101 of this subchapter, fish 

meal or fish scrap, containing at least 

6%, but not more than 12% water, is 

authorized for transportation in 

packagings as follows: 

(i) The following combination 

packagings are authorized: 

Outer packagings: Steel drum: 1A1 or 

1A2; Aluminum drum: 1B1 or 1B2; 

Metal drum other than steel or 

aluminum: 1N1 or 1N2; Fiber drum: 1G; 

Plastic drum: 1H1 or 1H2; Steel jerrican: 

3A1 or 3A2; Plastic jerrican: 3H1 or 

3H2; Aluminum jerrican: 3B1 or 3B2; 

Steel box: 4A; Aluminum box: 4B; 

Natural wood box: 4C1 or 4C2; Plywood 

box: 4D; Reconstituted wood box: 4F; 

Fiberboard box: 4G; Solid plastic box: 

4H2; or Metal box other than steel or 

aluminum: 4N. 

Inner packagings: Glass, Fiber, Metal, 

or Plastic. 

(ii) The following single packagings 

are authorized: 

Steel drum: 1A1 or 1A2; Aluminum 

drum: 1B1 or 1B2; Plywood drum with 

liner: 1D; Plastic drum: 1H1 or 1H2; 

Fiber drum with liner: 1G; Metal drum 

other than steel or aluminum: 1N1 or 

1N2; Steel jerrican: 3A1 or 3A2; Plastic 

jerrican: 3H1 or 3H2; Aluminum 

jerrican: 3B1 or 3B2; Steel box: 4A; 

Aluminum box: 4B; Metal box other 

than steel or aluminum: 4N; Natural 

wood box with liner: 4C2; Plywood box 

with liner: 4D; Reconstituted wood box 

with liner: 4F; Fiberboard box with 

liner: 4G; Solid plastic box: 4H2; Bag, 

woven plastic: 5H3; Bag, plastic film: 

5H4; Bag, textile: 5L3; Bag, paper, 

multiwall, water resistant: 5M2; Plastic 

receptacle in steel, aluminum, plywood, 

fiber or plastic drum: 6HA1, 6HB1, 

6HD1, 6HG1 or 6HH1; Plastic receptacle 

in steel, aluminum, wood, plywood or 

fiberboard box: 6HA2, 6HB2, 6HC, 

6HD2, 6HG2 or 6HH2; or Cylinders, as 

prescribed for any compressed gas, 

except for Specification 8 and 3HT. 

(2) The fish meal or fish scrap must 

contain at least 50 ppm (mg/kg) of 

ethoxyquin, 100 ppm (mg/kg) of 

butylated hydroxytoluene (BHT), or 250 

ppm (mg/kg) of tocopherol-based 

antioxidant at the time of shipment. 

Stabilization of fish meal or fish scrap 

must occur at the time of production 

and the application must be within 

twelve months prior to shipment. 

■ 29. In § 173.221, revise paragraph (a) 

to read as follows: 

§ 173.221 Polymeric beads, expandable 

and Plastic molding compound. 

(a) For non-bulk shipments of 

Polymeric beads (or granules), 

expandable evolving flammable vapor 

and Plastic molding compound in 

dough, sheet or extruded rope form, 

evolving flammable vapor the following 

packagings are authorized: 

(1) Single packagings: Metal box (4A, 

4B, or 4N); Wooden box (4C1 or 4C2); 

Plywood box (4D); Fiberboard box (4G); 

Reconstituted wood box (4F); Plastic 

box (4H1 or 4H2); Plywood drums: (1D) 

or Fiber drums (1G) with sealed inner 

plastic liners; in vapor tight metal or 

plastic drums (1A1, 1A2, 1B1, 1B2, 1N1, 

1N2, 1H1 or 1H2); or in vapor tight 

metal or plastic jerricans (3A1, 3A2, 

3B1, 3B2, 3H1, or 3H2). 

(2) Combination packagings: (i) Outer 

packagings: Steel drum: 1A1 or 1A2; 

Aluminum drum: 1B1 or 1B2; Plywood 

drum: 1D; Fiber drum: 1G; Plastic drum: 

1H1 or 1H2; Metal drum other than steel 

or aluminum: 1N1 or 1N2; Steel 

jerrican: 3A1 or 3A2; Plastic jerrican: 

3H1 or 3H2; Aluminum jerrican: 3B1 or 

3B2; Steel box: 4A; Aluminum box: 4B; 

Natural wood box: 4C1 or 4C2; Plywood 

box: 4D; Reconstituted wood box: 4F; 

Fiberboard box: 4G; Plastic box: 4H1 or 

4H2; or Metal box other than steel or 

aluminum: 4N. 

(ii) Inner packagings: Glass 

receptacles, Plastic receptacles, Metal 

receptacles, Paper receptacles, Fiber 

receptacles. 

(3) Non-specification packagings 

when transported in dedicated vehicles 

or freight containers. The packagings 

need not conform to the requirements 

for package testing in part 178 of this 

subchapter, but must be capable of 

containing any evolving gases from the 

contents during normal conditions of 

transportation. 

* * * * * 

■ 30. Revise § 173.222 to read as 

follows: 

§ 173.222 Dangerous goods in articles, 

machinery, or apparatus. 

Hazardous materials in articles, 

machinery, or apparatus are excepted 

from the specification packaging 

requirements of this subchapter when 

packaged according to this section. 

Hazardous materials in articles, 

machinery, or apparatus must be 

packaged in strong outer packagings, 

unless the receptacles containing the 

hazardous materials are afforded 

adequate protection by the construction 

of the article, machinery, or apparatus. 

Each package must conform to the 

packaging requirements of subpart B of 

this part, except for the requirements in 

§§ 173.24(a)(1) and 173.27(e), and the 

following requirements: 

(a) If the article, machinery, or 

apparatus contains more than one 

hazardous material, the materials must 

not be capable of reacting dangerously 

together. 

(b) The nature of the containment 

must be as follows— 

(1) Damage to the receptacles 

containing the hazardous materials 

during transport is unlikely. However, 

in the event of damage to the receptacles 

containing the hazardous materials, no 

leakage of the hazardous materials from 

the article, machinery or apparatus is 

possible. A leakproof liner may be used 

to satisfy this requirement. 

(2) Receptacles containing hazardous 

materials must be secured and 

cushioned so as to prevent their 

breakage or leakage and so as to control 

their shifting within the article, 

machinery, or apparatus during normal 

conditions of transportation. Cushioning 

material must not react dangerously 

with the content of the receptacles. Any 

leakage of the contents must not 

substantially impair the protective 

properties of the cushioning material. 

(3) Receptacles for gases, their 

contents and filling densities must 

conform to the applicable requirements 

of this subchapter, unless otherwise 

approved by the Associate 

Administrator. 

(c)(1) Except for transportation by 

aircraft, the total net quantity of 

hazardous materials contained in one 

item of an article, machinery, or 

apparatus must not exceed the 

following: 

(i) In the case of solids or liquids, the 

limited quantity amount specified in the 

corresponding section referenced in 

Column (8A) of the § 172.101 Table; 

(ii) 0.5 kg (1.1 pounds) in the case of 

Division 2.2 gases. 

(iii) When an article, machinery, or 

apparatus contains multiple hazardous 

materials, the quantity of each 

hazardous material must not exceed the 

quantity specified in the corresponding 

section referenced in Column (8A) of 

the § 172.101 Table, or for gases, 

paragraph (c)(1)(ii) of this section. 

(2) For transportation by aircraft, the 

total net quantity of hazardous materials 

contained in one item of an article, 

machinery, or apparatus must not 

exceed the following: 

(i) 1 kg (2.2 pounds) in the case of 

solids; 

(ii) 0.5 L (0.1 gallons) in the case of 

liquids; 

(iii) 0.5 kg (1.1 pounds) in the case of 

Division 2.2 gases. Division 2.2 gases 

with subsidiary risks and refrigerated 

liquefied gases are not authorized; 


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(iv) A total quantity of not more than 

the aggregate of that permitted in 

paragraphs (c)(2)(i) through (iii) of this 

section, for each category of material in 

the package, when a package contains 

hazardous materials in two or more of 

the categories in paragraphs (c)(2)(i) 

through (iii) of this section; and 

(d) Except for transportation by 

aircraft, when a package contains 

hazardous materials in two or more of 

the categories listed in paragraph (c)(1) 

of this section the total quantity 

required by § 172.202(c) of this 

subchapter to be entered on the 

shipping paper must be either the 

aggregate quantity, or the estimated 

quantity, of all hazardous materials, 

expressed as net mass. 

■ 31. In § 173.225: 

■ a. Revising in paragraph (c), in the 

Organic Peroxide Table, the entry ‘‘Di- 

(4-tert-butylcyclohexyl) 

peroxydicarbonate [as a paste]’’; and 

■ b. Adding in paragraph (e), in the 

Organic Peroxide IBC Table, entries for 

‘‘tert-Amyl peroxypivalate, not more 

than 42% as a stable dispersion in 

water’’ and ‘‘tert-Butyl peroxypivalate, 

not more than 42% in a diluent type A’’ 

in alphabetical order. 

The revisions read as follows: 

§ 173.225 Packaging requirements and 

other provisions for organic peroxides. 

* * * * * 

(c) * * * 

TABLE TO PARAGRAPH (c): ORGANIC PEROXIDE TABLE

Technical name ID No. Concentration 

(mass %) 

Diluent (mass %) Water 

(mass %) 

Packing 

method 

Temperature (°C) 

Notes 

A B I Control Emergency 

(1) (2) (3) (4a) (4b) (4c) (5) (6) (7a) (7b) (8) 

*******

Di-(4-tertbutylcyclohexyl)peroxydicarbonate [as 

a paste].

UN3118 ≤ 42 .............. .............. .............. ................ OP8 35 40 ..............

*******

* * * * * (e) * * * 

TABLE TO PARAGRAPH (e): ORGANIC PEROXIDE IBC TABLE

UN No. Organic peroxide Type of 

IBC 

Maximum 

quantity 

(liters) 

Control temperature Emergency 

temperature 

*******

3119 ........ ORGANIC PEROXIDE, TYPE F, LIQUID, TEMPERATURE CONTROLLED................. .................... ........................ ........................

* * * * * * * 

tert-Amyl peroxypivalate, not more than 42% as a stable dispersion in 

water.

31HA1 1000 0 °C +10 °C 

tert-Butyl peroxypivalate, not more than 42% in a diluent type A ......... 31HA1 1000 10 °C 15°C 

31A 1250 10 °C 15°C 

*******

* * * * * 

■ 32. In § 173.301b, revise paragraphs 

(a)(2) and (c) to read as follows: 

§ 173.301b Additional general 

requirements for shipment of UN pressure 

receptacles. 

(a) * * * 

(2) The gases or gas mixtures must be 

compatible with the UN pressure 

receptacle and valve materials as 

prescribed for metallic materials in ISO 

11114–1:2012(E) and ISO 11114– 

1:2012/Amd 1:2017(E) (IBR, see § 171.7 

of this subchapter) and for non-metallic 

materials in ISO 11114–2:2013(E) (IBR, 

see § 171.7 of this subchapter). 

* * * * * 

(c) Pressure receptacle valve 

requirements. (1) When the use of a 

valve is prescribed, the valve must 

conform to the requirements in ISO 

10297:2014(E), and ISO 10297:2014/ 

Amd 1:2017 (see § 171.7 of this 

subchapter). Quick release cylinder 

valves for specification and type testing 

must conform to the requirements in 

ISO 17871:2015(E) (IBR, see § 171.7 of 

this subchapter). Until December 31, 

2020, the manufacture of a valve 

conforming to the requirements in ISO 

10297:2006(E) (IBR, see § 171.7 of this 

subchapter) was authorized. Until 

December 31, 2008, the manufacture of 

a valve conforming to the requirements 

in ISO 10297:1999(E) (IBR, see § 171.7 

of this subchapter) was authorized. 

(2) A UN pressure receptacle must 

have its valves protected from damage 

that could cause inadvertent release of 

the contents of the UN pressure 

receptacle by one of the following 

methods: 

(i) By constructing the pressure 

receptacle so that the valves are 

recessed inside the neck of the UN 

pressure receptacle and protected by a 

threaded plug or cap; 

(ii) By equipping the UN pressure 

receptacle with a valve cap conforming 

to the requirements in ISO 

11117:2008(E) and Technical 

Corrigendum 1 (IBR, see § 171.7 of this 

subchapter). Until December 31, 2014, 

the manufacture of a valve cap 

conforming to the requirements in ISO 

11117:1998(E) (IBR, see § 171.7 of this 

subchapter) was authorized. The cap 

must have vent-holes of sufficient crosssectional area to evacuate the gas if 

leakage occurs at the valve; 


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(iii) By protecting the valves by 

shrouds or guards conforming to the 

requirements in ISO 11117:2008(E) and 

Technical Corrigendum 1 (IBR; see 

§ 171.7 of this subchapter). Until 

December 31, 2014, the manufacture of 

a shroud or guard conforming to the 

requirements in ISO 11117:1998(E) (IBR, 

see § 171.7 of this subchapter) was 

authorized. For metal hydride storage 

systems, by protecting the valves in 

accordance with the requirements in 

ISO 16111:2008(E) (IBR; see § 171.7 of 

this subchapter). 

(iv) By using valves designed and 

constructed with sufficient inherent 

strength to withstand damage in 

accordance with Annex B of ISO 

10297:2014(E); 

(v) By enclosing the UN pressure 

receptacles in frames (e.g., bundles of 

cylinders); 

(vi) By packing the UN pressure 

receptacles in a strong outer package, 

such as a box or crate, capable of 

meeting the drop test specified in 

§ 178.603 of this subchapter at the 

Packing Group I performance level; or 

(vii) By using valves designed and 

constructed in accordance with Annex 

A of ISO 17879:2017(E) (IBR, see § 171.7 

of this subchapter) for UN pressure 

receptacles with self-closing valves with 

inherent protection (except those in 

acetylene service). 

* * * * * 

■ 33. In § 173.304b, revise paragraph 

(b)(2) to read as follows: 

§ 173.304b Additional requirements for 

shipment of liquefied compressed gases in 

UN pressure receptacles. 

* * * * * 

(b) * * * 

(2) For low pressure liquefied gases, 

the maximum mass in kilograms of 

contents per liter of water capacity must 

be less than or equal to 95 percent of the 

liquid phase at 50 °C. In addition, the 

UN pressure receptacle may not be 

liquid full at 60 °C. The test pressure of 

the pressure receptacle must be equal to 

or greater than the vapor pressure of the 

liquid at 65 °C. 

* * * * * 

■ 34. In § 173.306, revise paragraphs 

(f)(2)(i) and (3)(iv), and add paragraph 

(n) to read as follows: 

§ 173.306 Limited quantities of 

compressed gases. 

* * * * * 

(f) * * * 

(2) * * * 

(i) Each accumulator must be shipped 

as an inside packaging. Robust 

accumulators may be transported 

unpackaged, in crates, or in appropriate 

overpacks when the hazardous materials 

are afforded equivalent protection by 

the article in which they are contained; 

* * * * * 

(3) * * * 

(iv) Accumulators must be packaged 

in strong outer packaging. Robust 

accumulators may be transported 

unpackaged, in crates, or in appropriate 

overpacks when the hazardous materials 

are afforded equivalent protection by 

the article in which they are contained. 

* * * * * 

(n) Receptacles, small, containing gas 

or gas cartridges for recycling or 

disposal. Receptacles, small, containing 

gas or gas cartridges not exceeding 1.0 

L (0.3 gallons) capacity may be offered 

for transportation for the purposes of 

recycling or disposal. Receptacles, 

small, containing gas or gas cartridges 

are not required to be protected against 

shifting and inadvertent discharge if 

measures to prevent dangerous build-up 

of pressure and dangerous atmospheres 

are addressed and are excepted from the 

specification packaging requirements of 

this subchapter when packaged and 

offered in accordance with this 

paragraph (n). 

(1) Receptacles, small containing gas 

or gas cartridges for recycling or 

disposal, other than those that are 

leaking or severely deformed, must be 

packaged as follows: 

(i) The receptacles, small, containing 

gas or gas cartridges must be packaged 

in a strong outer packaging. The strong 

outer packaging and its contents must 

not exceed a gross weight of 55 kg (121 

pounds) for fiberboard packagings or 

125 kg (275 pounds) for other 

packagings; and 

(ii) Packagings must be adequately 

ventilated to prevent the creation of 

dangerous atmospheres and build-up of 

pressure. 

(2) Rigid large packagings are 

authorized conforming to the packing 

group II performance level made of: 

(i) Steel (50A); Aluminum (50B); 

Metal other than steel or aluminum 

(50N); Rigid plastics (50H); Natural 

wood (50C); Plywood (50D); 

Reconstituted wood (50F); Rigid 

fiberboard (50G). 

(ii) Large packagings must be 

designed and constructed to prevent 

dangerous shifting and inadvertent 

discharge during normal conditions of 

transport; 

(iii) Large packagings must be 

adequately ventilated to prevent the 

creation of dangerous atmospheres and 

the build-up of pressure; and 

(iv) Leaking or severely deformed 

containers must be transported in 

salvage cylinders or salvage packagings 

provided adequate measures are taken 

to prevent a dangerous build-up of 

pressure. 

(3) Receptacles, small, containing gas 

or gas cartridges for recycling or 

disposal must not be transported in 

closed freight containers. 

(4) Receptacles, small, containing gas 

or gas cartridges for recycling or 

disposal that were filled with Division 

2.2 gases and have been pierced are not 

subject to the requirements of this 

subchapter. 

■ 35. In § 173.335, revise paragraph (d) 

to read as follows: 

§ 173.335 Chemical under pressure n.o.s. 

* * * * * 

(d) Periodic inspection. 

(1) Except as specified in (d)(2) of this 

section, the maximum requalification 

test period for cylinders transporting 

chemical under pressure n.o.s. is 5 

years. 

(2) For cylinders with maximum 

capacity of 450 L or less and filled with 

materials used as fire extinguishing 

agents, the maximum requalification 

test period is 10 years. 

* * * * * 

PART 175—CARRIAGE BY AIRCRAFT 

■ 36. The authority citation for part 175 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 49 

CFR 1.81 and 1.97. 

■ 37. In § 175.8, add paragraph (b)(5) to 

read as follows: 

§ 175.8 Exceptions for operator equipment 

and items of replacement. 

* * * * * 

(b) * * * 

(5) Alcohol-based hand sanitizers and 

alcohol-based cleaning products that are 

accessible to crewmembers for use on 

the aircraft during the flight or series of 

flights for the purposes of passenger and 

crew hygiene. Conditions for the 

carriage and use must be described in an 

operations manual and/or other 

appropriate manuals. 

■ 38. In § 175.9, revise paragraph 

(b)(5)(ii) to read as follows: 

§ 175.9 Special aircraft operations. 

(b) * * * 

(5) * * * 

(ii) Each type of battery used is either 

nonspillable, lithium metal, or lithium 

ion. Lithium metal or lithium ion 

batteries must meet the provisions of 

§ 173.185(a) of this subchapter. Spare 

batteries must be individually protected 

to prevent short circuits when not in 

use; 

* * * * * 

■ 39. In § 175.10, revise paragraphs 

(a)(1) and (11) to read as follows: 


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§ 175.10 Exceptions for passengers, 

crewmembers, and air operators. 

* * * * * 

(a) * * * 

(1)(i) Non-radioactive medicinal and 

toilet articles for personal use (including 

aerosols) carried in carry-on and 

checked baggage. Release devices on 

aerosols must be protected by a cap or 

other suitable means to prevent 

inadvertent release; 

(ii) Other aerosols in Division 2.2 

(nonflammable gas) with no subsidiary 

risk carried in carry-on or checked 

baggage. Release devices on aerosols 

must be protected by a cap or other 

suitable means to prevent inadvertent 

release; 

(iii) The aggregate quantity of these 

hazardous materials carried by each 

person may not exceed 2 kg (70 ounces) 

by mass or 2 L (68 fluid ounces) by 

volume and the capacity of each 

container may not exceed 0.5 kg (18 

ounces) by mass or 500 ml (17 fluid 

ounces) by volume; and 

(iv) The release of gas must not cause 

extreme annoyance or discomfort to 

crew members so as to prevent the 

correct performance of assigned duties. 

* * * * * 

(11) No more than two self-inflating 

personal safety devices, intended to be 

worn by a person such as a life jacket 

or vest, fitted with no more than two 

small gas cartridges per device 

(containing no hazardous material other 

than a Division 2.2 gas) for inflation 

purposes plus no more than two spare 

cartridges per device. The personal 

safety device(s) and spare cartridges 

may be carried in carry-on or checked 

baggage, with the approval of the 

aircraft operator, and must be packed in 

such a manner that they cannot be 

accidently activated. 

* * * * * 

■ 40. In § 175.75, revise paragraph (b) 

and Note 1 to the Quantity and Loading 

Table in paragraph (f) to read as follows: 

§ 175.75 Quantity limitations and cargo 

location. 

* * * * * 

(b) Hazardous materials stowage. (1) 

Except as otherwise provided in this 

subchapter, no person may carry a 

hazardous material in the cabin of a 

passenger-carrying aircraft or on the 

flight deck of any aircraft, and the 

hazardous material must be located in a 

place that is inaccessible to persons 

other than crew members. 

(2) Hazardous materials may be 

carried in a main deck cargo 

compartment of a passenger aircraft 

provided that the compartment is 

inaccessible to passengers and that it 

meets all certification requirements for: 

A Class B aircraft cargo compartment in 

14 CFR 25.857(b); or a Class C aircraft 

cargo compartment in 14 CFR 25.857(c). 

(3) A package bearing a ‘‘KEEP AWAY 

FROM HEAT’’ handling marking must 

be protected from direct sunshine and 

stored in a cool and ventilated place, 

away from sources of heat. 

(4) Except as provided in paragraph (f) 

of this section, a package containing a 

hazardous material acceptable for cargoonly aircraft must be loaded in an 

accessible manner. 

* * * * * 

(f) * * * 

Note 1: The following materials are not 

subject to this loading restriction— 

a. Class 3, PG III (unless the substance is 

also labeled CORROSIVE). 

b. Division 6.1 (unless the substance is also 

labeled for any hazard class or division 

except FLAMMABLE LIQUID). 

c. Division 6.2. 

d. Class 7 (unless the hazardous material 

meets the definition of another hazard class). 

e. Class 9, Limited Quantity, or Excepted 

Quantity material. 

f. Articles of Identification Numbers 

UN0012, UN0014, or UN0055 also meeting 

the requirements of § 173.63(b). 

g. Articles of Identification Numbers 

UN3528 or UN3529. 

* * * * * 

PART 176—CARRIAGE BY VESSEL 

■ 41. The authority citation for part 176 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.81 and 1.97. 

■ 42. In § 176.84, in the paragraph (b) 

table, revise code 4, add codes 155, 156, 

and 157 in numerical order, and in the 

paragraph (c)(2) table, revise provisions 

19E and 22E to read as follows: 

§ 176.84 Other requirements for stowage, 

cargo handling, and segregation for cargo 

vessels and passenger vessels. 

* * * * * 

(b) * * * 

Code Provisions 

*******

4 ...................................................... Shall not be stowed together with combustible material in the same cargo transport unit. 

*******

155 .................................................. Avoid handling the package or keep handling to a minimum. Inform the appropriate public health authority 

or veterinary authority where persons or animals may have been exposed. 

156 .................................................. For lithium batteries transported in accordance with § 173.185(f) or for purposes of disposal or recycling, 

stowage category C applies. 

157 .................................................. For aerosols and gas receptacles transported for purposes of recycling or disposal, stowage category C 

applies, and stowage must be clear of living quarters. 

* * * * * * * 

* * * * * 

(c) * * * 

(2) * * * 

Notes Provisions 

*******

19E .................................................. ‘‘Separated from’’ explosives containing chlorates or perchlorates. 

*******

22E .................................................. ‘‘Separated from’’ ammonium compounds and explosives containing ammonium compounds or salts. 


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Notes Provisions 

*******

PART 178—SPECIFICATIONS FOR 

PACKAGINGS 

■ 43. The authority citation for part 178 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.81 and 1.97. 

■ 44. In § 178.3, revise paragraph (a)(4) 

to read as follows: 

§ 178.3 Marking of packagings. 

(a) * * * 

(4) Unless otherwise specified, letters 

and numerals must be at least 12.0 mm 

(0.47 inches) in height except for 

packagings of less than or equal to 30 L 

(7.9 gallons) capacity for liquids or 30 

kg (66 pounds) maximum net mass for 

solids the height must be at least 6.0 

mm (0.2 inches). For packagings having 

a capacity of 5 L (1.3 gallons) or less or 

of 5 kg (11 pounds) maximum net mass, 

letters and numerals must be of an 

appropriate size. 

* * * * * 

■ 45. In § 178.71 by: 

■ a. Revising paragraph (d)(2); 

■ b. Adding paragraph (l)(1)(iv), and 

■ c. Revising paragraph (o)(1) 

The revisions and additions read as 

follows: 

§ 178.71 Specifications for UN pressure 

receptacles. 

* * * * * 

(d) * * * 

(2) Service equipment must be 

configured, or designed, to prevent 

damage that could result in the release 

of the pressure receptacle contents 

during normal conditions of handling 

and transport. Manifold piping leading 

to shut-off valves must be sufficiently 

flexible to protect the valves and the 

piping from shearing or releasing the 

pressure receptacle contents. The filling 

and discharge valves and any protective 

caps must be secured against 

unintended opening. The valves must 

conform to ISO 10297:2014(E) and ISO 

10297:2014/Amd 1:2017(E), or for nonrefillable pressure receptacles valves 

manufactured until December 31, 2020, 

ISO 13340:2001(E) (IBR, see § 171.7 of 

this subchapter), and be protected as 

specified in § 173.301b(f) of this 

subchapter. Until December 31, 2022, 

the manufacture of a valve conforming 

to the requirements of ISO 

10297:2014(E) (IBR, see § 171.7 of this 

subchapter) is authorized. Until 

December 31, 2020, the manufacture of 

a valve conforming to the requirements 

in ISO 10297:2006(E) (IBR, see § 171.7 

of this subchapter) was authorized. 

Until December 31, 2008, the 

manufacture of a valve conforming to 

the requirements in ISO 10297:1999 (E) 

(IBR, see § 171.7 of this subchapter) was 

authorized. Additionally, valves must 

be initially inspected and tested in 

accordance with ISO 14246:2014(E) and 

ISO 14246:2014/Amd 1:2017(E), Gas 

cylinders—Cylinder valves— 

Manufacturing tests and examinations 

(IBR, see § 171.7 of this subchapter). For 

self-closing valves with inherent 

protection, the requirements of ISO 

17879:2017(E) (IBR, see § 171.7 of this 

subchapter) shall be met until further 

notice. 

* * * * * 

(l) * * * 

(1) * * * 

(iv) ISO 11119–4:2016(E) (IBR, see 

§ 171.7 of this subchapter). Until 

December 31, 2020, cylinders 

conforming to the requirements in ISO 

11119–4(E) (IBR, see § 171.7 of this 

subchapter) was authorized. 

* * * * * 

(o) * * * 

(1) ISO 11114–1:2012(E) and 11114– 

1:2012/Amd 1:2017(E) (IBR, see § 171.7 

of this subchapter). 

* * * * * 

■ 46. In § 178.75, revise paragraph (d)(3) 

introductory text and add paragraphs 

(d)(3)(vi) through (ix) to read as follows: 

§ 178.75 Specifications for MEGCs. 

* * * * * 

(d) * * * 

(3) Each pressure receptacle of a 

MEGC must be of the same design type, 

seamless steel or composite, and 

constructed and tested according to one 

of the following ISO standards, as 

appropriate: 

* * * * * 

(vi) ISO 11119–1:2012(E), Gas 

cylinders—Refillable composite gas 

cylinders and tubes—Design, 

construction and testing—Part 1: Hoop 

wrapped fibre reinforced composite gas 

cylinders and tubes up to 450 L (IBR, 

see § 171.7 of this subchapter). 

(vii) ISO 11119–2:2012(E) and ISO 

11119–2:2012/Amd.1:2014(E), Gas 

cylinders—Refillable composite gas 

cylinders and tubes—Design, 

construction and testing—Part 2: Fully 

wrapped fibre reinforced composite gas 

cylinders and tubes up to 450 L with 

load-sharing metal liners (both IBR, see 

§ 171.7 of this subchapter). 

(viii) ISO 11119–3:2013(E) Gas 

cylinders— Refillable composite gas 

cylinders and tubes—Design, 

construction and testing—Part 3: Fully 

wrapped fibre reinforced composite gas 

cylinders and tubes up to 450 L with 

non-load-sharing metallic or nonmetallic liners (IBR, see § 171.7 of this 

subchapter). 

(ix) ISO 11119–4:2016 Gas 

cylinders—Refillable composite gas 

cylinders—Design, construction and 

testing—Part 4: Fully wrapped fibre 

reinforced composite gas cylinders up to 

150 L with load-sharing welded metallic 

liners (IBR, see § 171.7 of this 

subchapter). 

* * * * * 

■ 47. In § 178.275, revise paragraph 

(i)(2)(i)(A) to read as follows: 

§ 178.275 Specification for UN Portable 

Tanks intended for the transportation of 

liquid and solid hazardous materials. 

* * * * * 

(i) * * * 

(2) * * * 

(i) * * * 

(A) To determine the total required 

capacity of the relief devices, which 

must be regarded as being the sum of 

the individual capacities of all the 

contributing devices, the following 

formula must be used: 

Where: 

Q = minimum required rate of discharge in 

cubic meters of air per second (m3/s) at 

conditions: 1 bar and 0 °C (273 °K); 

F = for uninsulated shells: 1; for insulated 

shells: U(649¥t)/13.6 but in no case, is 

less than 0.25 

Where: 

U = heat transfer coefficient of the insulation, 

in kW m¥2K¥1, at 38 °C (100 °F); and t 

= actual temperature of the hazardous 

material during filling (in °C) or when 

this temperature is unknown, let t = 15 

°C (59 °F). The value of F given in this 

paragraph (i)(2)(i)(A) for insulated shells 

may only be used if the insulation is in 

conformance with paragraph (i)(2)(iv) of 

this section; 

A = total external surface area of shell in 

square meters; 

Z = the gas compressibility factor in the 

accumulating condition (when this factor 

is unknown, let Z equal 1.0); 

T = absolute temperature in Kelvin (°C + 273) 

above the pressure relief devices in the 

accumulating condition; 

L = the latent heat of vaporization of the 

liquid, in kJ/kg, in the accumulating 

condition; 


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M = molecular weight of the hazardous 

material. 

* * * * * 

■ 48. In § 178.505, redesignate 

paragraphs (b)(6) and (7) as (b)(7) and 

(8), respectively, and add new 

paragraph (b)(6) to read as follows: 

§ 178.505 Standards for aluminum drums. 

* * * * * 

(b) * * * 

(6) If materials used for body, heads, 

closures, and fittings are not compatible 

with the contents to be transported, 

suitable internal protective coatings or 

treatments must be applied. These 

coatings or treatments must retain their 

protective properties under normal 

conditions of transport. 

(7) Maximum capacity of drum: 450 L 

(119 gallons). 

(8) Maximum net mass: 400 kg (882 

pounds). 

■ 49. In § 178.506, redesignate 

paragraphs (b)(6) and (7) as (b)(7) and 

(8), respectively, and add new 

paragraph (b)(6) to read as follows: 

§ 178.506 Standards for metal drums other 

than steel or aluminum. 

* * * * * 

(b) * * * 

(6) If materials used for body, heads, 

closures, and fittings are not compatible 

with the contents to be transported, 

suitable internal protective coatings or 

treatments must be applied. These 

coatings or treatments must retain their 

protective properties under normal 

conditions of transport. 

(7) Maximum capacity of drum: 450 L 

(119 gallons). 

(8) Maximum net mass: 400 kg (882 

pounds). 

■ 50. In § 178.609, revise paragraph (g) 

to read as follows: 

§ 178.609 Test requirements for 

packagings for infectious substances. 

* * * * * 

(g) Where packaging is intended to 

contain dry ice, an additional drop test 

to that specified in paragraph (d), and 

when appropriate, (e) or (f) of this 

section must be performed on one 

sample in one of the orientations 

described in (d)(1) or (d)(2) of this 

section, as appropriate, which is most 

likely to result in failure of the 

packaging. The sample must be stored 

so that all the dry ice dissipates prior to 

being subjected to the drop test. 

* * * * * 

■ 51. In § 178.703, revise paragraphs 

(b)(6) introductory text and (b)(7)(iv) to 

read as follows: 

§ 178.703 Marking of IBCs. 

* * * * * 

(b) * * * 

(6) For each composite IBC, the inner 

receptacle must be marked with at least 

the following information. The marking 

must be visible while inside of the outer 

receptacle. If the marking is not visible 

from the outer receptacle, the marking 

must be duplicated on the outer 

receptacle and include an indication 

that the marking applies to the inner 

receptacle. 

* * * * * 

(7) * * * 

(iv) For IBCs designed for stacking, 

the maximum permitted stacking load 

must be displayed with the symbol. The 

mass in kilograms (kg) marked above the 

symbol must not exceed the load 

imposed during the design test, as 

indicated by the marking in paragraph 

(a)(1)(vii) of this section, divided by 1.8. 

The letters and numbers indicating the 

mass must be at least 12 mm (0.48 

inches). 

■ 52. In § 178.705, revise paragraph 

(c)(1)(iv) introductory text to read as 

follows: 

§ 178.705 Standards for metal IBCs. 

* * * * * 

(c) * * * 

(1) * * * 

(iv) Minimum wall thickness. For 

metal IBCs with a capacity of more than 

1500 liters, the minimum wall thickness 

must be determined as follows: 

(A) For a reference steel having a 

product of Rm × Ao = 10,000, where Ao 

is the minimum elongation (as a 

percentage) of the reference steel to be 

used on fracture under tensile stress 

(Rm × Ao = 10,000 × 145; if tensile 

strength is in U.S. Standard units of 

pounds per square inch), the wall 

thickness must not be less than: 

WALL THICKNESS (T) IN MM

Types 11A, 11B, 11N Types 21A, 21B, 21N, 31A, 31B, 31N 

Unprotected Protected Unprotected Protected 

T = C/2000 + 1.5 ........................... T = C/2000 + 1.0 .......................... T = C/1000 + 1.0 .......................... T = C/2000 + 1.5 

* * * * * 

PART 180—CONTINUING 

QUALIFICATION AND MAINTENANCE 

OF PACKAGINGS 

■ 53. The authority citation for part 180 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.81 and 1.97. 

■ 54. In § 180.207, revise paragraph 

(d)(3) and add (7) to read as follows: 

§ 180.207 Requirements for requalification 

of UN pressure receptacles. 

* * * * * 

(d) * * * 

(3) Dissolved acetylene UN cylinders: 

Each dissolved acetylene cylinder must 

be requalified in accordance with ISO 

10462:2013(E) (IBR, see § 171.7 of this 

subchapter). A cylinder requalified in 

accordance with ISO 10462(E) up until 

December 31, 2018, may continue to be 

used until the next required 

requalification. The porous mass and 

the shell must be requalified no sooner 

than 3 years, 6 months, from the date of 

manufacture. Thereafter, subsequent 

requalifications of the porous mass and 

shell must be performed at least once 

every ten years. 

* * * * * 

(7) UN cylinder bundles: UN cylinder 

bundles containing compressed, 

liquefied, and dissolved gas must be 

inspected and tested in accordance with 

ISO 20475:2018(E) (IBR, see § 171.7 of 

this subchapter). 

Issued in Washington, DC on July 15, 2021, 

under authority delegated in 49 CFR 1.97. 

William S. Schoonover, 

Associate Administrator for Hazardous 

Materials Safety, Pipeline and Hazardous 

Materials Safety Administration. 

[FR Doc. 2021–15425 Filed 8–9–21; 8:45 am] 

BILLING CODE 4910–60–P 


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